AASIYA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has inter alia prayed for quashing memo dated 15th May, 2008 whereby appointment of respondent no. 5 as Anganbari Sewika at Maharajgunj has been affirmed and representation submitted by the petitioner for enquiry into the manner of selection of respondent no. 5 has been rejected and for direction upon the respondent no. 4 to make personal enquiry into the irregularities committed in appointment of Anganbari Sewika and to initiate fresh appointment process for selecting Anganbari Sewika in Maharajgunj, Deoghar after quashing the appointment of respondent no. 5.

(2.) The facts, as delineated in the writ application, in a nutshell is that in the meeting of villagers for appointment of Anganbari Sewika in Anganbari Centre at Maharajgunj on 14.06.2007, the petitioner appeared along with other candidates including respondent no. 5 and after adhering to all the formalities for selection on the said post, respondent no. 5 was selected on the spacious ground that the petitioner's knowledge of Hindi is not good. Aggrieved thereof, the petitioner submitted representation before respondent no. 4, who directed respondent no. 3 to look into the matter. Whereafter an enquiry was conducted by respondent no. 2 and in the enquiry report submitted on 27.09.2007, wherein it has been stated that majority of beneficiaries belong to Muslim community in Maharajgunj Angan Bari Centre and it will be proper to appoint Anganbari Sewika from Muslim Community. But ignoring the report of respondent no. 2, respondent no. 3 conducted a sham enquiry and held that the majority of beneficiries belong to backward caste and further petitioner is not the resident of Maharajgunj.

(3.) Learned counsel for the petitioner submitted with vehemence that while rejecting the petitioner's application it was held that she does not know Hindi but while rejecting her representation, the respondents have come up with a new ground that she is not a resident of Maharajgunj. It has further been submitted that respondent no. 2 in her report has categorically stated that majority of beneficiaries belong to Muslim community whereas respondent no. 3 has completely changed the demographic quality of beneficiaries of Maharajgunj Angan Bari Centre. Under such circumstances, to meet the ends of justice, the matter be investigated by the respondent no. 4-Deputy Commissioner.