Court No. - 58
Case :- WRIT - A No. - 14494 of 2018 Petitioner :- Rani Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 9.7.2018:-
"The instant writ petition under Article 226 of the Constitution of India has been filed seeking a writ of mandamus commanding and directing the respondents to issue an appointment letter in favour of the petitioner in pursuance of the recommendation made by the selection committee dated 02.08.2016 within some specified time.
Learned counsel for the petitioner has submitted that the petitioner has been appointed on the post of Asha Worker in the year 2016 at Community Health Centre (CHC), Mau, District Chitrakoot under the scheme of National Rural Health Mission (NRHM) in regard thereto a certificate has been issued by respondent no.3 in favour of the petitioner. He further submitted that the Chief Medical Officer, Chitrakoot issued a letter on 27.01.2016 to the Medical Superintendent, CHC, Mau for selection of five Asha Sangini against seven post as per cluster pursuant to which Medical Superintendent, CHC, Chitrakoot, issued an office circular dated 5.2.2016 with regard to selection of Asha Sangini and same has been notified on the notice board at CHC, Mau. He further submitted that as per office circular dated 5.2.2016 five posts has been notified for the selection of Asha Sangini against which petitioner has submitted her application form against Chhivalaha cluster. He further submitted that the appointment letters has already been issued to other candidates, namely, Rani Bai, who had applied against Biyawal but appointment to the petitioner has not been given, even who has been selected on the post of Asha Sangini and her name has been forwarded by the selection committee on 2.8.2016.
Learned Standing Counsel appearing for the State-respondents prays for and is granted one week time to seek instructions in the matter.
List on 19.07.2018 as fresh before appropriate Bench. The matter shall not be treated to be tied up/part heard to this Bench."
Learned Standing Counsel has obtained instructions, according to which, petitioner had applied for appointment pursuant to the recruitment process initiated in the year 2013. However, various complaints are stated to have been received with respect to selections to be made in Cluster -1 (sub-centre Murka) and Cluster-4 (Mau). Selection process was therefore not finalized on such account, and a fresh process was initiated in the year 2016 in which petitioner has applied but she has not been selected.
The fact that petitioner was an applicant in the fresh process and that she has not been selected is not disputed. Copy of the instructions containing result has been furnished to the counsel for the petitioner today is court. In view of the fact that the subsequent process has already been finalized, in which petitioner has not been selected, no exception can be taken to petitioner's non consideration pursuant to earlier process, which was cancelled.
Writ petition is, accordingly, dismissed.
Order Date :- 26.7.2018 Ashok Kr.