SUGNA (SMT) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction in the nature of mandamus to quash and set aside the order impugned dt. 20.01.2006 (Annex.7) and a direction to the respondents No. 1 to 4 to select and appoint the petitioner on the post of Anganvadi Worker in pursuance of the Resolution No. 33 dt. 17.01.2006 (Annex. 6) passed in Gram Sabha meeting at village Bhag Talai and also seeks a direction to provide training to the petitioner for the post of Anganvadi Worker.

(2.) The facts and circumstances giving rise to the instant writ petition are that the petitioner is permanent resident of village Sakroda, Tehsil Girwa, District Udaipur and having educational qualification of Senior Secondary Examination from the Board of Secondary Education, Ajmer, Rajasthan in the year 2000 vide Annex.3, applied for the post of Anganvadi worker as the respondents invited applications for appointment on the post of Anganwadi workers and Anganvadi Assistants vide Annex.4. According to the advertisement Annex.4, the selections were to be held from 16.01.2006 to 31.01.2006 and eligibility for appointment on the post of Anganwadi worker has been mentioned in the advertisement Annex. 4 itself which provides that the eligibility for the Anganvadi worker is (i) Local Bahu (ii) 10th pass (iii) age 21 to 45 years. Vide Annex. 5 the procedure for selection on the post of Anganwadi worker has been provided. In clause 6 of Annex. 5 it has been provided that priority should be given to widows, divorcees, member of the Scheduled Caste and Scheduled Tribe and lastly it was mentioned that if the candidate is having equal priority in other seniority, then the woman having higher educational qualification will be given preference. The petitioner applied for the post and appeared before Gram Sabha and vide resolution No. 33, the petitioner was selected for the post of Anganvadi worker for village Bhag Talai as in the result it has been stated that the petitioner is 10th passed, aged 23 years having 55.09% marks and stood at serial No. 1 in merit, Pushpa W/o Dalchand Tak is 11th pass, aged 26 years having 51.09% marks and respondent No. 5 Smt. Pushpa W/o Sunil is 10 pass, aged has not been mentioned and having 40.55% marks. However, vide Annex. 7 dt. 20.01.2006, the selection and appointment of the petitioner was cancelled and instead the respondent No. 5 was selected and appointed on the post of Anganvadi worker at village Bhag Talai. Hence this petition.

(3.) Learned Counsel for the petitioner has relied on a decision of Honble Supreme Court in Seema Kumari Sharma v. State of H.P., 1997 AIR(SC) 1693 and a decision of this Court in Smt. Madhubala v. The State of Rajasthan and Anr. S.B. Civil Writ Petition No. 2962/1999 decided on 06.01.2000.