MONIKA RAJPUT Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner through the medium of present petition has called in question the action on the part of official respondents in facilitating the selection and engagement of respondent No.5 against the post of Anganwadi Worker on honorarium basis for Anganwadi Centre located at Mohalla Rajput, situated in Ward No.7 of Village and Panchayat Londi, Tehsil Hiranagar, District Kathua. The ground urged in the petition is that respondent no.5 is actually not the resident of Mohalla Rajput, rather she is resident of Ward No.6, Mohalla Harijan of Village Londi. While putting her claim against the post in question, it is averred by the petitioner that she is possessing qualification of Graduation and Diploma in Software Engineering, Accounts and HTML, therefore, is more qualified than respondent No.5, who is simply a Matriculate.

(2.) The precise case of the petitioner is that the selection/engagement of respondent No.5 as Anganwadi Worker has been facilitated by the official respondents, despite the fact that she is not the resident of Ward No.7, thus, has failed to qualify the basic requirement and mandate of Anganwadi Scheme promulgated by the State Government. Therefore, the impugned action on the part of official respondents 1 to 4 in facilitating the selection/engagement of respondent No.5 against the post is bad in law.

(3.) Upon notice, respondents have filed the reply. While maintaining the selection of respondent No.5 against the post of Anganwadi Worker, the official respondents denied the averments made in the writ petition. It would be profitable to reproduce paragraphs no. 7 and 8, and 9 to 11 of the reply filed by the official respondents hereunder :-