SAHJADI PARVEEN WIFE OF MD. SHARIF ANSARI @ SHARIF ALAM Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) There are two findings which have been given by the appellate authority, which are under challenge in the present writ application. Annexure-4 dated 31.3.2014 is the order whose quashing petitioner is seeking. Private respondent No.8 moved the appellate authority assailing the order of District Programme Officer challenging the selection and appointment of the present petitioner.

(2.) Bereft of all other facts there are two significant findings based on which the appellate authority allowed the appeal of the private respondent. One that she had not attained the age of 18 years on 1.1.2011 which has significance because no person, who is a minor, can be selected for performance of duty on contract with the said agency. The other finding is about the private respondent, not being the resident of the ward in question. The finding is that such a plea is not established on the available materials on wishy-washy kind of a voter list.

(3.) Submission of the learned counsel for the petitioner is that both the findings are erroneous because in terms of the guidelines relating to such selection the age of 18 years has to be achieved on 1st January of the year of advertisement. The advertisement is dated 4.7.2012 on which date the petitioner was of 18 years of age.