CHHAYA GARAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the present writ petition the petitioner, inter alia, has prayed for a writ in the nature of Mandamus commanding the respondents, particularly the respondent no. 4, to issue an appointment letter forthwith in her favour for the post of Anganwadi Worker and a writ in the nature of Mandamus to consider the case of the petitioner afresh.

(2.) The case of the petitioner, inter alia, is that she passed the B.A. examination in the year 2005 from the University of Burdwan. The Child Development Project Officer, Dubrajpur, ICDS Project (hereinafter referred to as the respondent no. 4) had issued a notification on November 13, 2009 inviting applications from eligible candidates for recruitment for the said project. It was stipulated in the advertisement that candidates between 18 and 45 years would be eligible having qualification of Madhyamik or its equivalent for general category and Class VIII for Scheduled Casts and Scheduled Tribes candidates. Graduate women were not meant for the posts. The petitioner applied for the said post in the general category. She was issued an admit card for the examination in which she appeared and subsequently the respondent no. 4 called her for an oral examination. The petitioner appeared before the oral examination as well.

(3.) On or about April 30, 2010 the respondent no. 4 published the final result in the notice board and the name of the petitioner appeared at the top of the list. When the petitioner came to know that some candidates had already been issued appointment letters she made a representation to the respondent no. 4 who issued a show-cause dated June 11, 2010 asking the petitioner to explain the suppression of her higher educational qualification for the said post. The petitioner states that some other candidates had similarly suppressed her higher qualification and her service was terminated. That candidate had challenged the order of termination and the High Court had set aside that order and she had been reinstated. On the strength of this she made a representation on August 1, 2012 requesting the respondent no. 4 for issuing appointment letter for the post for which she applied. The petitioner's further case is that Anganwadi Worker is a feeder post for the post of Anganwadi Supervisor which requires a graduate qualification. So by necessary implication graduate candidates cannot be debarred from applying from the post of Anganwadi Worker.