NEELAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SELECTION process for filling-up the post of Anganwari Worker for Anganwari Centre, Heeling, Tehsil Bharmour, District Chamba, H.P., commenced in the year 2007. Interviews were held on 27.7.2007. The petitioner and respondent No.4 also participated in the selection process. The petitioner was selected for the post of Anganwari Worker at Anganwari Centre, Heeling. The appointment of the petitioner was challenged by respondent No.4 before the Additional District Magistrate, Chamba on the ground that the petitioner did not belong to the feeding area of Anganwari Centre, Heeling. The Additional District Magistrate, Chamba, heard the appeal and set aside the selection of the petitioner. The petitioner filed an appeal before the Divisional Commissioner, Kangra. He held that the petitioner is not eligible to be selected as Anganwari Worker. The respondent No.4 was also declared ineligible. He remanded the case back to the Deputy Commissioner, Chamba to conduct thorough inquiry about the financial status of petitioner and respondent No.4. The petitioner filed CWP No. 3278 of 2009 before this Court, which was decided on 2.7.2010. The Appellate Authority was directed to decide the appeal afresh. Consequently, the Additional District Magistrate, Chamba has passed fresh orders on 20.1.2012, whereby he has come to the conclusion that the petitioner did not belong to the feeding area of Anganwari Centre, Heeling.

(2.) MR. Anup Rattan, Advocate, has strenuously argued that the petitioner belongs to Village Heeling and not Village Lamu. He then argued that the petitioner's husband is a shepherd and he visits the house after 6-7 days. According to him, reservation on the basis of the residence is illegal and arbitrary.

(3.) WE have heard learned counsel for the parties and have also gone through the pleadings carefully.