SHEELA DEVI, W/O SH. INDER SINGH, R/O VILLAGE DHAR, P.O. JARWA, TEHSIL SHILLAI, SUB TEHSIL RONHAT, DISTRICT SIRMOUR, H.P Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY SOCIAL JUSTICE AND EMPOWERMENT AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. The main issue, in this case, is with regard to the verification of annual income of the family of the petitioner.

(2.) THE petitioner was appointed as Anganwari Worker in Anganwari Centre, Suindhar on 9th August, 2007. She had applied for the said post along with Asha Devi, respondent No.5. There were only two applicants. The petitioner was selected and was duly appointed. Respondent No.5 challenged the income certificate granted in favour of the petitioner showing her family income to be less than Rs.12,000/per annum.

(3.) AS observed by us, above, the next candidate, i.e., Asha Devi, herself is equally guilty as far as her application form is concerned and in fact, she was not found eligible for being appointed. Therefore, the only course left open is to have the interviews afresh. The writ petition is allowed to this limited extent and it is directed that fresh interviews, as per the existing norms, shall be held for filling up the post of Anganwari Worker in Anganwari Centre, Suindhar and the process shall be completed by 31st October, 2012. The petitioner as well as the private respondent, if otherwise eligible, can apply for the said post and they shall also be considered for the said post. Both the petitioner and the private respondent shall have to obtain fresh income certificates in accordance with law. Since the petitioner has been working as Anganwari Worker in Anganwari Centre, Suindhar, she shall be permitted to continue there till the next person is appointed and in case the petitioner is appointed, obviously, she shall be continued. Needless to say that both the parties or any other candidate shall be at liberty to question the eligibility of any of the candidates.