RUQAYA AKBER Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 11.10.2013 rendered by a learned Single Judge of this Court, holding that re-advertisement for the post of Anganwari Worker from eligible female candidates for Anganwari Centre Nowpora of ICDS Nagam did not suffer from any legal infirmity because no rights of the appellant-writ petitioner has been violated. The view of the learned Writ Court is discernible from following paras of the judgment which are set out below in extenso:-

(2.) Mr. M.A. Qayoom, learned counsel for the appellant, has argued that the findings recorded by the learned Single Bench with regard to poor response to the earlier advertisement and its publication in the lesser known newspapers is erroneous per se; firstly in the other cases also only one application has been received and therefore no recourse to re-advertisement has been followed and moreover the earlier advertisement was made in 'Daily Kashmir Uzma', 'Kashmir Images' and 'Rising Kashmir'. According to the learned counsel, all these newspapers have wide circulation in the area and the re-advertisement is on extraneous consideration, particularly in other similar cases the course adopted in the present case has not been followed.

(3.) Learned counsel has further argued that the basis of decision to re-advertise the post is also suspicious because the so called complaints made by the local residents have not been placed on record. He has insisted that on the basis of the complaints, the Deputy Commissioner, Budgam submitted a report which has also not been placed on record. According to the learned counsel, the aforesaid documents were crucial and should have been brought on record because they constitute basis to re-advertise the post on the ground that earlier advertisement was published in lesser known newspapers depriving eligible candidates to apply.