Court No. - 5
Case :- WRIT - A No. - 10497 of 2021 Petitioner :- Foola Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shri Krishna Mishra,Ajay Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner, by means of the present writ petition, has approached this Court for a writ of mandamus directing the respondent no.3-Chief Medical Officer, Banda to decide the representation of the petitioner dated 12.04.2021.
The case of the petitioner is that she is working on the post of 'Asha Health Worker'.Pursuant to the Government Order dated 27.08.2018 for promotion from 'Asha Health Worker' to the post of 'Asha Sangini', the petitioner submitted application.
The petitioner appeared before the Selection Committee and according to the petitioner she secured maximum marks. Despite the fact that the petitioner secured maximum marks, respondent no.5 was selected for appointment on the post of 'Asha Sangini' and in the aforesaid backdrop, the petitioner has prayed for disposal of her representation.
This Court on 24.08.2021 passed the following order:-
"Learned Standing Counsel is directed to obtain instructions and place for the perusal of the Court, the report of the selection committee which had been constituted for appointment of Ashsa Sangini.
Include in the list of fresh cases of 16 September 2021."
Pursuant to the said order dated 24.08.2021 passed by this Court, learned Standing Counsel has supplied the instructions today in Court, which is taken on record.
According to the instructions, the post of 'Asha Sangini' was promotional post which fell into the Category of Scheduled Caste and the petitioner belongs to OBC Category, therefore, she was not selected. The relevant extract of the instructions are reproduced hereinbelow:-
"ययाचची फफ लयाददेवची पत्नची शची ककोदरयाम ब्ललॉक नरनची कदे उपकक द्र वघदेलयावरची मक अन्य पपछड़या वरर ककी अभ्यरर्थी रची पकन्ततु ०१ पद अनतुसफपचत जयातची हदेततु आरपक्षित हकोनदे कदे कयारण इनकया चयन नहहीं पकयया रयया"
Further, it is pertinent to note that the petitioner has not challenged the promotion of the respondent no.5-Manju Verma.
In view of the facts stated above, the relief prayed for by the petitioner in the writ petition cannot be granted. The writ petition lacks merit. It is, dismissed accordingly.
Order Date :- 28.10.2021 NS