DEWANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is aggrieved by the selection of the respondent no. 9 for being engaged as Aangan Bari Sewika.

(2.) The only ground upon which petitioner is aggrieved for such selection is that the petitioner is more qualified than the respondent no. 9. It is true that the Circular of the Government, which governs the Rule for selection of Aangan Bari Sewika, provides that a person having better qualification shall be preferred, but despite that the self same Circular still directs Aam Sabha to select Aangan Bari Sewika. That suggests that while preference for better qualification is a sine qua non, but then that is not the ultimate and absolute requirement. Despite a person being better educated may not be selected by the Aam Sabha for many other reasons. In the matter of selection Aam Sabha is required to focus on the subject that the very purpose of the selection is to entail appropriate education to tiny toddlers of the village. In the matter of education of such tiny toddlers apart from education, many other things are required such as kidness, zeal, humanitarian approach etc. If, therefore, a person is selected by the Aam Sabha, who is less qualified than another contender, but who is otherwise eligible, the conclusion would be that the Aam Sabha found her more suitable than the better qualified candidate for the purpose she is to be engaged. What really prompted the Aam Sabha to select such a candidate is difficult for the court to ascertain in a writ petition and, accordingly, there would be no scope for interference in such selection. The matter must, thus, be closed.

(3.) The writ petition is, accordingly, disposed of but without any order as to costs.