LAWS(JHAR)-2009-1-102

REKHA MAHTO Vs. STATE OF JHARKHAND

Decided On January 29, 2009
Rekha Mahto Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) PRAYER in this writ application is for a direction to the respondents to appoint the petitioner as Anganbari Sevika in Anganbari Sevika Kendra No. 3, Post -Jangalpur in the district of Dhanbad. The prayer has been made on the claim that the petitioner possesses all the necessary requisite qualifications for her appointment on the said post.

(2.) THE petitioners case is that considering herself that she possesses all the requisite qualifications, she had applied for the post of Sevika on the aforesaid Centre but her application was rejected only on the ground that she does not find place in the B.P.L. list.

(3.) A counter affidavit has been filed on behalf of the respondent State. Learned counsel appearing for the respondents would explain that the instant writ application is based entirely on misconceived facts and is not maintainable. Learned counsel adds that as a matter of fact, all together three applications were received from various candidates, including the petitioner, for appointment on the post of Sevika in the Anganbari Sevika Kendra No. 3. It was found that the petitioners name did not find place in the B.P.L. list whereas the names of the other two candidates did find place in the list. Learned counsel explains further that since the eligibility criteria stipulates that the candidates who are below the poverty line should be given preference, the selection for the post was made in favour of one of the other two candidates and the post has since been filled up. Learned counsel explains further that though the candidate Pratima Mahto is not below the poverty line but her candidature was for another Centre namely Anganbari Seva Kendra No. 1 which was accepted on account of the fact that she was the only candidate who had applied for the said Kendra.