TOHIMA KHATOON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner seeks cancellation of selection/appointment of respondent No. 5 on the post of Aanganbari Sevika of Village Mahulbona, Block Raneshwar, District -Dumka made on 26th July, 2007. The petitioner has alleged that her earlier selection as Sevika for the same centre through Aam Sabha on 2nd September, 2006, was not cancelled. It is alleged that respondent No. 5 is not a resident of Momin Tola, rather she is a resident of Manjhi Tola, while the centre is Momin Tola. The petitioner did fulfill all eligibility criteria and had also produced all relevant certificates before Aam Sabha whereafter she had been selected. Therefore, according to the petitioner, the selection of respondent No. 5 should be quashed. On the date on which the selection was made of petitioner she was about 19 years of age and had produced educational certificate, caste certificate and residential certificate etc. in the same Aam Sabha. Therefore, the present writ application has been preferred.

(3.) THE respondents have appeared and filed their counter affidavit. It is their stand that one Smt. Anita was posted as Child Development Project Officer, Raneshwar by notification No. 677 dated 23rd June, 2004 by Social Welfare Child and Women Development Department, Government of Jharkhand and she took charge on 13th May, 2005 as Child Development Project Officer, Shikaripara on the order of Deputy Commissioner, Dumka. There were several complaints made against said C.D.P.O. to the department and she was transferred from Raneshwar to Dhurki Block in Garhwa District on administrative reason. She had to be relieved from the said post on 1st September, 2006, but she did not get herself relieved from her posting and was involved badly in the selection of Sahayika/Sevika in illegal manner in both the blocks, Raneshwar and Shikaripara. At para 7 of their counter affidavit, incidences of several irregularities and illegalities conducted by the said C.D.P.O in undertaking exercise of selection of Aanganbari Sahayika/Sevika has been enumerated. It is indicated therein that upon her resistance shown in handing over the charge to the Block Development Officer, the B.D.O. Shikaripara were ordered to assume charge of the said post in the intervening period. In spite of her relieving she had distributed several selection letters to Sahayika/Sevikas on different dates in illegal way. Because of her misdeed several illegal appointed candidates had also started exerting undue pressure and surrounded the office of District Programme Officer. A departmental proceeding was also initiated against the said Mrs. Anita and F.I.R. was also registered being Raneshwar P.S. No. 1/2007 under different provisions of Indian Penal Code. Learned counsel for the respondent further submitted that in the exercise for such selection, the said C.D.P.O had ignored all laid down guidelines and therefore the fresh Aam Sabha was called for to undertake selection process. Inquiry was also conducted in respect of the allegations which were found to be correct. Therefore, according to the respondents, no sanctity can be attached to the claim of the petitioner that she was selected in the Aam Sabha convened by the then C.D.P.O in an irregular and illegal manner and moreover the provisional selection in such a manner would not be given the colour of a final valid selection or appointment. Thereafter, pursuant to the subsequent Aam Sabha held on 26th July, 2007, candidates had applied for, in which the private respondent has been selected as she had produced all required documents in the presence of the Aam Sabha. Therefore, the selection made during the tenure of her Smt. Anita, the then C.D.P.O has been cancelled and the fresh selection exercise was undertaken. It is also submitted that Momin Tola or Mohali Tola is not a revenue village, the revenue village is called Mohulbona so there is no bar for selection of Aanganbari Sevika from any Tola of the said revenue village. The private respondent belongs to Mohulbona -III where the centre is situated. Therefore, the writ petition is without merit and deserves to be dismissed.