Court No. - 16
Case :- WRIT - A No. - 6284 of 2017 Petitioner :- Sunita Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atul Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon the respondents to consider the candidature of the petitioner on the post of Anganwadi Worker in Block Bhadohi, District Sant Ravidas Nagar (Bhadohi), pursuant to the Government Order dated 23.8.2006.
Facts, which emerge from the records, are that an exercise was undertaken for recruitment to the post of 'Anganwadi Karyakarti' in the village concerned in 2007. One Sunita Devi wife of Vijay Kumar was selected and appointed. According to the petitioner, the appointment of Sunita Devi was questioned on the ground that she has manipulated her educational records etc. The allegations made in the complaint were found correct and ultimately the selected candidate was terminated on 23.2.2015. Writ Petition filed by the selected candidate being Writ Petition No. 22810 of 2015 has also been dismissed by this Court on 18.1.2018. The petitioner has filed a supplementary affidavit, annexing therewith photocopy of the alleged selection proceedings, as per which, petitioner and another lady had scored 4 marks. It is contended that by virtue of Government Order dated 23.8.2006, once it is found that the selected candidate had resorted to manipulation in record, the next candidate ought to be appointed for the post. Submission is that the respondents be directed to consider the grievance of the petitioner.
Learned Standing Counsel submits that the claim of the petitioner shall be examined by the authority concerned, in accordance with law.
Considering the facts and circumstances noticed above, it would be appropriate to permit the petitioner to approach the respondent no.2 alongwith certified copy of this order. The respondent concerned shall examine the claim of the petitioner with reference to applicable Government Order, and in accordance with law within a period of three months from the date of presentation of certified copy of this order.
It is made clear that this Court has not adjudicated the claim of petitioner on merits, and all issues are left open to be considered by the authority concerned, at the first instance.
Order Date :- 27.3.2018 n.u.