ROUHEE BANO Vs. STATE OF J&K

JUDGEMENT

(1.) The Petitioner, feeling aggrieved of her non-selection in the process of selection initiated by the official Respondents for the post of Anganwadi Worker in Anganwadi Centre Gori Mohalla, Preng, Hajin and the selection of Respondent No.5, has filed the instant Petition seeking quashing of the selection and appointment of Respondent No.5 with further direction in the name of Respondent Nos. 1 to 4 to appoint her against the aforesaid post of Anganwadi Worker on the grounds detailed out in the memo of Petition.

(2.) Learned Counsel for the Petitioner submitted that the official Respondents, while making selection to the aforesaid post of Anganwadi Worker, have not followed the criteria prescribed for making such selection as notified in terms of Government Order No. 128-SW of 2008 dated 24th of March, 2008 in the manner and method provided therein. To buttress this argument, the learned Counsel has invited the attention of the Court to the mandate of the aforesaid Government Order, which reads, thus:

(3.) On notice having been issued, the Respondents have filed their Objections denying the averments/ contentions made by the Petitioner in her Petition. It is submitted that the competent authority has notified the criteria in terms of Government Order dated 24th of March, 2008 and that the same has been applied to the present selection process in letter and spirit. It is contended that, upon applying the aforesaid criteria, the the Respondent No.5 has got 46.70 points, whilst the Petitioner secured only 45.44 points, thereby making the Respondent No.5 entitled for being selected on the post of Anganwadi Worker, Anganwadi Centre Gori Mohalla, Preng, Hajin. It is argued that due weightage has been given to the merit of the Petitioner in the marks obtained by her in the Matriculation Examination with the application of criteria, but despite that she could not march ahead of the Respondent No.5 in terms of overall points.