Smt. Archana Devi vs State Of U.P. And Others
2011 Latest Caselaw 4691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 53986 of 2011
 

 
Petitioner :- Smt. Archana Devi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Girish Chandra Yadav
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

In pursuance of the first advertisement, number of the applicants applied for the post of Aaganwadi Karyakatri. The candidate, who was in 1st number, has been given appointment but her selection has been cancelled. Thereafter, the appointment has been given to the candidate, who was in second number but her appointment has also been cancelled. Therefore, the District Programme Officer, Azamgarh has issued a fresh advertisement in the month of June, 2011 for the appointment of Aaganwadi Karyakatri, which is Annexure-1 to the writ petition. It appears that Smt. Sunita Yadav, who was at serial no. 3, claimed her appointment. By the impugned order dated 17.8.2011 the District Magistrate, Azamgarh has accepted the claim and directed to appoint Smt. Sunita Yadav.

Learned counsel for the petitioner submitted that as per the Government Order the contract for the Aaganwadi Karyakatri is only for one year. If the appointment of both the candidates has been cancelled, the District Programme Officer, Azamgarh has rightly advertised for fresh appointment and the appointment of Smt. Sunita Yadav, who was at serial no. 3, is wholly unjustified.

The matter requires consideration.

Learned Standing Counsel may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the operation of the order dated 17.8.2011 passed by the District Magistrate, Azamgarh shall remain stayed.

Order Date :- 16.9.2011

OP