SUMITA KUMARI Vs. STATE OF JHARKH

JUDGEMENT

(1.) The petitioner has approached this court with a prayer for appointment on Additional Aanganbari Sewika-cum-Poshan Pramarshi as she possesses the required qualification for appointment on the post of Additional Aaganbari Sewika-cum-Poshan Pramarshi.

(2.) Petitioner is permanent resident of village Duwari which is within the beneficiary area of Aanganbari Centre Duwari East-I Code No. 100. A notice regarding appointment of an Additional Aanganbari Sewika-cum-Poshan Pramarshi came on the said centre of Duwari. As per the notification the Lady Supervisor had to collect the forms from the eligible candidates. On 21/11/2015 petitioner submitted her application along with educational certificates as well as other certificates before the respondent No. 7 (the Lady Supervisor). One another candidate i.e. respondent No. 8 also submitted her application for the said appointment. As per regulation which provides for selection of the Aanganbari Sewika or Additional Aanganbari Sewika-cum-Poshan Pramarshi, Block Level Committee comprising with the officers of concerned blocks i.e. Block Development Officer, Circle Officer, Child Development Project Officer and Lady Supervisor of concerned beneficiary area prepared the merit list on 15/1/2016 in which the petitioner has been shown qualified.

(3.) The minimum qualification for Additional Aanganbari Sewika-cum-Poshan Pramarshi was matriculation and the petitioner possesses the same. She has passed Matriculation in First Division and has also done Nursery Teacher Training (NTT) and the fact is also admitted by the respondents. Though the respondent No. 8 is graduate but she passed the matriculation examination in third division which is apparent from the certificates submitted by her before the said committee. Rules and guidelines for appointment of Additional Aanganbari Sewika-cum-Poshan Pramarshi provides specific provisions made for appointment and in case of tie the merit list is prepared and candidates who have received higher marks in the matriculation examination will be considered for appointment on the post of Additional Aanganbari Sewika-cum-Poshan Pramarshi which is evident from memo No. 872 dated 1/4/2016. It is specific case of the petitioner that she has secured first division in matriculation and respondent No. 8 has secured third division and only pass is mentioned in her certificate. In view of the specific provisions of memo No. 872 dated 1/4/2016 the petitioner ought to have been appointed for the post of Additional Aanganbari Sewika-cum-Poshan Pramarshi but as the case of the petitioner was not considered by the respondents for appointment on the aforesaid post, petitioner preferred representation before respondents but the same was not considered and hence this writ petition has been preferred.