SHAHIDIA BEGUM Vs. STATE OF J&K

JUDGEMENT

(1.) The respondents vide advertisement notice No. DSWJ/ICDS/ Adv/05/05 dated 17.02.2005 invited applications for one post of Anganwari Worker for Anganwari Centre, Gujjar Basti, Lopa, for which the minimum qualification prescribed was Matric and having age between 21-45 years as on 01.01.2005. In response to the said notification the petitioner along with 11 more candidates were applied. Subsequently, the District Selection Committee on the basis of the documents available attached with the application forms, issued a proposed select list and the same was displayed on the notice board for inviting objections, if any. In the said list, name of Amina Bano was shown proposed to be selected.

(2.) The petitioner herein thereafter filed objections, claiming that the proposed select candidate, namely, Amina Bano is a resident of Garh Badanoo and also having lesser marks that the petitioner. The Chairman and the Member Secretary of the Selection Committee accordingly disposed of the case in absence of the District Social Welfare Officer, Doda (Member), who was stated to be out of station, recommended to cancel the proposed selection of Amina Bano. Subsequently, the case was sent to the District Social Welfare, Doda on his arrival in the office, who being familiar to the topography of the area noticed that again a non-local candidate is being recommended to be Anganwari Worker in Anganwari Centre, Gujjar Basti, Lopa. He took up the matter with the Committee and the case was deferred for reconsideration.

(3.) The petitioner thereafter approached to the District Development Commissioner, Doda who directed the respondent No. 6, i.e. Child Development Project Officer, Thathri and the said respondent No. 6 vide communication dated 27.01.2007 intimated that no local candidate of Gujjar Basti Lopa is available and both the candidates i.e. the petitioner and the proposed select candidate, namely, Amina Banoo are non-local candidates residing at Bangorah and Garh Badanoo respectively. Therefore, due to non-availability of a local candidate from Gujjar Basti, the District Selection Committee recommended the name of Ruksana Banoo as Anganwari Worker in Anganwari Centre, Gujjar Basti, Lopa on the basis of having been highly meritorious amongst all the applicants, who responded against the said post. Accordingly, respondent No. 6 vide order dated 14.02.2007 issued engagement order in favour of respondent No. 7, namely, Ruksana. Hence the present petition. Through the medium of the instant writ petition, the petitioner challenges the engagement of respondent No. 7 on various grounds.