ROYHEELA KOUSAR Vs. STATE OF J & K

JUDGEMENT

(1.) The engagement of Maniza Akhter, writ petitioner in SWP No. 1230/2010 as Anganwadi Worker in Anganwadi Centre, Jabba Mohalla Manssan, Ward No. 6, Panchayat Halqa Phangai Lower in ICDS Project, Darhal made by the Child Development Officer, ICDS Project, Darhal is subject matter of challenge in these petitions.

(2.) Briefly put, the background facts leading to filing of these two petitions, one by selected candidate namely Maniza Akhter and other by the aggrieved candidate namely Royheela Kousar are that vide Advertisement Notification No. DIP/J-8950 dtd. 22/2/2010, the District Social Welfare Officer, (Convenor) District Selection Committee, Rajouri invited applications from the eligible female candidates for engagement of Anganwadi Workers in different Anganwadi Centres sanctioned under Phase 2nd Expansion Programme, which included a post of Anganwadi Worker in Anganwadi Centre, Jabba Mohalla Manssan falling in Ward No. 6 of Phangai Lower. Apart from the qualifications prescribed, the applicant was required to be the resident of the concerned Panch Constituency.

(3.) Both the petitioners, i.e Maniza and Royheela Kousar applied for the post. A provisional select panel was prepared by the Member/Secretary, Selection Committee/CDPO, Darhal, in which the petitioner- Royheela Kousar(writ petitioner in SWP No. 336/2013) was put in the provisional select list for the Anganwadi Centre, Jabba Mohalla Manssan. This provisional select list was subject to the verification of original certificates. It appears that the provisional selection of Royheela Kousar as Anganwadi Worker in Jabba Mohalla Manssan was objected to by the petitioner-Maniza Akhter, who simultaneously approached the Vigilance Organization also by way of a complaint against Royheela Kousar for having manipulated documents of residence in Panchayat Halqa Phangai Lower. On the basis of the report of Vigilance Organization and also taking note of the objections filed by Maniza Akhter, it appears, the CDPO Darhal approved the selection of petitioner-Maniza Akhter and consequently issued the order of engagement in her favour.