ANITA DEVI Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree passed by the Civil Judge (Junior Division), Ambala dtd. 20/10/2016 whereby the suit of the plaintiff for declaration to the effect that the appointment/selection of defendant/respondent No.7 Jasvir Kaur W/o Shri Trilochan Singh S/o Sh. Kura Singh R/o Village Soundha, Tehsil and District Ambala and issuance of the appointment letter dtd. 29/6/2011 as a consequence of the said selection, is illegal, null and void as the said selection has been carried out by an ulterior motive and to appoint the appellant/plaintiff to the post of Anganwari Worker of Village Soundha, Tehsil and District Ambala (Block Ambala-1) being meritorious than respondent/defendant No.7 with all consequential benefits with further relief of permanent injunction restraining respondent Nos. 1 to 6 to permit defendant No.7 to join and work on the post of Anganwari Worker of Village Soundha, Tehsil and District Ambala (Block Ambala-1), stands dismissed, appeal against which preferred by the appellant stands dismissed vide judgment and decree dtd. 31/3/2017.

(2.) It is the contention of the learned counsel for the appellant-plaintiff is that the appellant/plaintiff is much more meritorious than respondent/defendant No.7 on all parameters except for the interview marks where, with the mala-fide intention, the Selection Committee has proceeded to grant her 10 marks out of 10 in the interview, whereas the appellant/plaintiff has been assigned only 2 marks out of 10 in the said interview. He contends that the interview and the selection process has not been fairly carried out. The Constitution of the Committee is not in consonance with the instructions issued by the Director Women and Child Development Department, Haryana. Even the criteria has not been properly followed and therefore the selection and appointment of the respondent/defendant No.7 being based upon the mala fide intention of the Members of the Committee, who at the behest of some political persons have assigned full marks in interview to respondent/defendant No.7 and granted lesser marks to the appellant/plaintiff with an intention to deny her rightful claim for appointment to the post of Anganwari Worker.

(3.) I have considered the submissions made by the learned counsel for the appellant/plaintiff and with his assistance have gone through the impugned judgments as have been passed by the Courts below, but do not find myself in agreement with the submission as raised by the counsel for the appellant.