TAHIRA BANO Vs. STATE

JUDGEMENT

(1.) OFFICIAL respondents invited applications from the eligible candidates for selection against the post of Anganwadi Workers on honarium basis for various Anganwadi Centres including Anganwadi Centre Wagay Mohalla, District Ganderbal in terms of advertisement notice dated 14.12.2009. Petitioner being resident of Banday Bagh also applied for selection and engagement as Anganwadi Worker. A panel was prepared by the official respondents, in which petitioner and respondent No. 5 were enlisted and objections were invited from all the interested persons/candidates. Petitioner after noticing the name of respondent No. 5 in the panel immediately made a complaint that respondent No. 5 is ineligible as she has not passed the matriculation examination, but has managed fake matriculation certificate, which she had annexed with the application form. Petitioner also made various representations to the same effect to the official respondents, but neither any inquiry was conducted nor candidature of respondent No. 5 was rejected. Official respondents, particularly respondent No. 3, was having interest and being her favourite candidate, selected respondent No. 5 and issued the appointment order in her favour. Thereafter vide communication dated 28.01.2010 (annexure "F" to the writ petition) respondent No. 2 directed respondent No. 4 to look into the matter, but despite that neither any inquiry was conducted nor any action was drawn, constrained the petitioner to file the writ petition in hand with a prayer to quash the selection of respondent No. 5 and select/appoint her against the said post.

(2.) RESPONDENTS 1 to 4 have filed reply. It is averred that petitioner had objected the selection of respondent No. 5 on the ground that she had produced fake matriculation certificate and Child Development Project Officer, Ganderbal -respondent No. 3 immediately requested the authorities of J&K State Board of School Education for verification and report, who submitted the report dated 24.01.2010 to the effect that the matriculation certificate so produced is genuine. Respondent No. 5 resisted the petition by filing reply on the ground that she is matriculate and the certificate produced is not fake, was meritorious and came to be rightly selected and the petitioner has no cause of action at all.

(3.) THE case came up for consideration on 05.05.2011 and during the course of consideration it was found that writ petitioner had taken the matriculation examination conducted by the J&K State Board of School Education under two roll numbers viz 871273 and 871279. On noticing the said fact, Sh. Mohd. Yousuf, learned counsel for the Board was asked to accept notice on behalf of Board and to produce all the relevant record pertaining to respondent Shamima Aziz. Accordingly, the Board submitted the affidavit on 16.5.2011. It is apt to reproduce para -1 of the said affidavit herein: