MONALISA MOHANTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner applied for the post of Anganwadi Karmee/Worker having a university degree of Bachelor of Arts. Her application was not considered by the Child Development Project Officer, Balarampur, Purulia, which has prompted her to file the instant writ petition. It is the specific contention of the writ petitioner that since she had not suppressed her qualification of being a graduate, her candidature ought to have been considered for the post-in-question.

(2.) The learned advocate appearing on behalf of the petitioner relies on a judgment of the Hon'ble Supreme Court rendered in the case of Mohd. Riazul Usman Gani & Others v. District & Sessions Judge, Nagpur & Ors., 2000 2 SCC 606 and submits that any criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than the prescribed cannot be held to be rational. He further submits that the observations made by the Hon'ble Supreme Court in the above judgment would be applicable in the facts of the case and the petitioner's application for the post-in-question ought to be considered by the concerned respondent authorities.

(3.) On the other hand, learned advocate representing the State respondents submits that the judgment relied on by the petitioner was considered by a Special Bench of this Court in Rina Dutta & Ors. v. Anjali Mahato & Ors.,2010 2 CrLJ 321. He further submits that the Special Bench also took into consideration another judgment of the Hon'ble Supreme Court, which was rendered in the case of State of Karnataka & Ors. v. Ameerbi & Ors., 2007 11 SCC 681 and it was held that the reasoning given in Mohd. Riazul Usman Gani would not be available in a case relating to engagement of Anganwadi workers. In such circumstances, learned advocate for the State respondents submits that the judgment rendered by the Hon'ble Supreme Court in Mohd. Riazul Usman Gani would have no manner of application at all in the facts of the instant case.