RENU DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing that part of recommendation dated 26.10.2007 passed under the signature of Deputy Development Commissioner, Koderma whereby the selection of the petitioner as Anganwari Sahayika of Charkipahari Anganbari Centre has been cancelled and in her place, name of Smt. Dulari Devi (respondent No. 7) has been recommended for selection of Anganwari Sahayika.

(2.) It has been stated that the petitioner is the only eligible candidate for being selected as Anganwari Sahayika for Charkipahari Anganbari Centre and in the aam sabha, her name was recommended. On that basis, the petitioner started functioning as Anganwari Sahayika since 20.06.2007. Suddenly by the impugned order dated 26.10.2007, the petitioner's selection was cancelled and in her place, recommendation has been made for selection of respondent No.7.

(3.) Counter-affidavits have been filed on behalf of the State-respondents as well as on behalf of respondent No.7. In the counter-affidavit filed on behalf of the State-respondents, it has been stated that there were complaints against the selection of Anganwari Sahayika and for that purpose, the complaints were referred to District Monitoring Committee. The District Monitoring committee after examining the complaints, found that for the Anganwari Centre situated at Harijan Tola where the member of scheduled caste is to be appointed as Anganwari Sahayika, the petitioner, who is not a member of scheduled caste, had been wrongly appointed. It has been stated that said respondent No.7 had produced certificate from which it was found that she is a member of scheduled caste and she possesses the requisite qualifications for selection of Anganwari Sahayika and as such, she was selected in accordance with the provision contained in Para-4.V-G of Letter No.525 Dated 05.6.2003 issued by the Department of Social Welfare, Jharkhand, Ranchi.