SHAHEENA GULSHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner has challenged order bearing No.DCK/LS/ARA/15 /1364-67 dtd. 17/11/2015 passed by Deputy Commissioner, Kupwara, in an appeal filed by respondent No.6 against the petitioner whereby, while accepting the appeal, a direction has been issued for engagement of respondent No.6 as Anganwadi Helper for Anganwadi Centre, Mir Mohalla-B Putushai. A further direction has been sought upon the respondents for allowing the petitioner to work as Anganwadi Helper in the aforesaid Anganwadi Centre.

(2.) The facts emerging from the pleadings of the parties are that respondent No.5 issued an advertisement notification on 29/1/2011 inviting applications for engagement of Anganwadi Helper in various locations including Putushai Mir Mohalla-B. It appears that both the petitioner as well as respondent No.6 responded to the said notification but it was respondent No.6 who came to be selected. Petitioner filed objections to the said selection and the official respondents after conducting an enquiry dropped respondent No.6 from the tentative selection list and the petitioner came to be engaged as Anganwadi Helper in the said Anganwadi Centre in terms of order No.CDPO/ICDS/Estt/11/219-21 dtd. 19/12/2011. Against the said engagement order, respondent No.6 filed an appeal before the Deputy Commissioner, Kupwara, and the same came to be dismissed by the Deputy Commissioner in terms of his order dtd. 21/7/2012.

(3.) It seems that respondent No.6 challenged the aforesaid order of the Deputy Commissioner, Kupwara, by way of a writ petition bearing SWP No.1667/2012. The said writ petition came to be disposed of by this Court in terms of order dtd. 28/5/2015, whereby Deputy Commissioner was directed to hear the appeal of respondent no.6 afresh and provide opportunity of hearing to both the parties.