STATE OF RAJASTHAN Vs. SUKHI DEVI

JUDGEMENT

(1.) Heard learned counsels on the application preferred under Section 5 of the Limitation Act. Having considered the facts stated therein the application is allowed. The delay of 14 days in filing the appeal is condoned.

(2.) By the judgment impugned dated 13.12013 learned Single Bench while accepting S.B. Civil Writ Petition No. 2208/2012 set aside the order dated 202012 passed by the Deputy Director, Women and Child Development Department, Bikaner cancelling the order of appointment dated 7.02012 pertaining to the respondent-petitioner.

(3.) In brief, factual matrix is that under an order dated 7.02.2012 the Child Development Project Officer, Deshnok, Bikaner engaged the respondent-petitioner as Anganbari Karyakarta at Anganbari Center, Saisar (1st) (Gram Panchayat-Nathusar) by acting upon the recommendation made by the Rural Development Standing Committee, Panchayat Samiti-Nokha. Order aforesaid was cancelled under the order dated 22.02.2012 as the candidature of the respondent-petitioner was not sponsored in accordance with the norms laid down by the Government of Rajasthan under a circular dated 15.09.200 As per the circular aforesaid, the eligibility for appointment as Anganbari Karyakarta was 10th standard and a relaxation therein could have been made in exceptional circumstances. The recommendation as per the norms aforesaid for engagement on the post concerned too was required to be made by the Gram Sabha concerned. The candidature of the respondent-petitioner being not recommended by the Gram Sabha and also for the reason that she was not having requisite eligibility the appointment was cancelled under the order dated 22.02.2012.