Learned standing counsel has accepted notice on behalf of respondent Nos. 1 to 5. Sri Pratap Singh, holding brief of Sri R.C. Maurya, Advocate has entered appearance on behalf of respondent No.6.
Each one of the respondents is granted one month's time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of the petitioner that she had applied for consideration of her candidature well within time before the cut of date i.e. 08.03.2010 along with all requisite testimonials, and thereafter she had been offered appointment as Anganbadi Karyakartri. Thereafter on the complaint made by Smt. Anita Maurya arbitrarily and illegally her appointment has been cancelled and Smt. Anita Maurya has been recommended for appointment on the post in question, whereas it is the petitioner, who was entitled for being offered appointment. Petitioner further submits that record in question reflects that last cut of date for submitting application along with all requisite testimonials was 08.03.2010, and in the present case from the own showing documents, Smt. Anita Maurya had been issued BPL certificate on 09.03.2010, in such a situation she would not have been in a position to submit her application on or before 08.03.2010. Once such is the factual situation, then the view taken by the authority concerned accepting the claim of Smt. Anita Maurya appears to be prima facie arbitrary and illegal.
Prima facie the argument advanced requires consideration by this Court, as such till the next date of listing operation of the impugned order dated 09.01.2012 (wrongly described as '09.01.2011' in the impugned order) is directed to be kept in abeyance.
Order Date :- 23.2.2012 SRY