SANGEETA DEVI Vs. STATE

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking quashment of select list published in a daily newspaper in its issue dated 26.08.2011 and also Order No. CDPO/G/2010-11/520-24 dated 05-09-2011 issued by Child Development Project Officer, respondent No. 3 herein, whereby Anita Devi, respondent No.5 herein, has been appointed against the post of Anganwari Helper in Mohalla Mathur.

(2.) The facts-in-brief, as projected in the writ petition, are that in the year 2010 respondent No.3 issued Advertisement Notice for filling up various posts of Helpers in different villages/mohallas/hamlets including Mohalla Mathur, where the petitioner is residing since long. It is averred that amongst others, the petitioner being fully eligible also applied for the post of Anganwari Helper for Mohalla Mathur, where the Anganwari Centre is situated. Further, it is averred that when the select list came to be issued, instead of petitioner, respondent No.5 came to be selected despite the fact that she was not the resident of Mohalla Mathur, rather she was residing in Mohalla Proach. It is averred that the petitioner also made a representation to respondent No.3 bringing to his notice the factual position, however, respondent No.3 did not pay any heed towards the representation of petitioner and issued the impugned order, dated 05.09.2011 appointing respondent No.5 as Anganwari Helper for Anganwari Centre Mandhera, Mohalla Mathur. Hence, the present writ petition.

(3.) Learned counsel appearing for petitioner contended that the posts of Anganwari Workers were to be filled up mohalla-wise basis. Since the post-in-question, against which the petitioner has applied, was meant for Mohalla Mathur therefore, petitioner ought to have been appointed against the said post being the resident of said mohalla, whereas respondent No.5, who has been appointed against the said post, was actually the resident of Mohalla Proach.