LAWS(J&K)-2019-3-10

REKHA DEVI Vs. STATE

Decided On March 28, 2019
REKHA DEVI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Applications were invited for engagement of Anganwadi workers and helpers on the honorarium basis from all eligible female candidates in all the ICDS projects in District Doda and some other hamlets vide Advertisement Notice No. 01 of 2010 dated 25.06.2010. Petitioner submits that she being eligible and belonging to schedule caste category applied for the post of Anganwadi Worker, and after considering her candidature and eligibility, she was interviewed for the said post. Proposed selection list of the Anganwadi workers under phase -ITI Expansion Programme project-wise in respect of District Doda was issued by respondent No.4 under Notification No. DIP/J-9603 dated 28.01.2011. Petitioner is aggrieved of the selection of respondent No.6 for the post of Anganwadi worker in Centre Baya, Panchayat Gajoth seeks quashing of selection of respondent No.6 as Anganwadi Worker.

(2.) Grievance of the petitioner is that in terms of the Advertisement Notice No. 01 of 2010 dated 25.06.2010, the post of Anganwadi Worker advertised for the Village Baya and Hamlet Baya was for scheduled caste candidates only and, as such, only candidates belonging to the schedule caste category were eligible and be considered for the said post. Thus, selection of respondent No.6 as Anganwadi Worker, without considering her eligibility as she does not belong to the Schedule Caste category, is arbitrary and illegal and is required to be set aside. It is further submitted that some of the villagers of Baya (Gajoth) had approached the respondents prior to the interview being held requesting that since the post advertised is for the schedule caste category, therefore, the only candidate belonging to the same category be considered as eligible to apply and be considered for the said post. Petitioner, thus, seeks quashing of the proposed select list issued vide Notification No. DIP/J-9603 dated 28.01.2011 and also a direction to the respondents to select the petitioner for the post of Anganwadi worker in Village Baya.

(3.) Per contra, the respondents have stated that 15 Anganwadi Centres were sanctioned under the phase-IIIrd of the expansion programme for ICDS Project, Bhaderwah. One post of Anganwadi workers were advertised in Anganwadi centre Baya. In terms of the Advertisement Notice No. 01 of 2010 dated 25.06.2010, the eligibility criteria for Anganwadi Worker was notified as under: