Arti Devi vs State Of U.P.Thru Principal ...
2013 Latest Caselaw 5196 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 15086 of 2013
 

 
Petitioner :- Arti Devi
 
Respondent :- State Of U.P.Thru Principal Secretary & Ors.
 
Counsel for Petitioner :- Anubhav Chandra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. According to assertions made in the writ petition, pursuant to an advertisement made on 08.07.2011, petitioner Smt. Arti Devi applied for the post of Angan Bari Karyakartri and subsequently selected. Though, petitioner's name appeared in select list at serial no.2 and one Smt. Seema Devi was placed at serial no.1 on the basis of quality marks obtained by her, but subsequently, certain documents submitted by Smt. Seema Devi having been found forged, her selection was cancelled. Thus, the petitioner claims to be entitled for appointment being seniormost in the list after cancellation of selection of first rank holder. The petitioner's effort to get appointment did not yield and her representations, including last one dated 25.02.2013, remained unattended. In the meantime, the respondent no.4 issued advertisement dated 31.12.2012 for fresh appointment of Angan Bari Karyakartris. It is this advertisement which is under challenge in this writ petition and its quashing has been prayed for. A further relief for mandamus has been sought by the petitioner for her appointment as Angan Bari Karyakatri in village Rajpurwan, Block Halia, Dist Mirzapur.

2. Learned Standing Counsel could not dispute that the matter involved in this writ petition is squarely covered by the judgment of date, passed in writ petition no.(A) 11551 of 2013, Smt. Gyanwati Vs. State of U.P. and others. For the reasons stated therein, and, in terms thereof, the impugned advertisement dated 31.12.2012 published in Amar Ujala dated 02.01.2013 (Annexure-1 to the writ petition), insofar as it pertains to the post of Angan Bari Karyakartri, which is subject matter of dispute in the present writ petition, is hereby quashed and respondent competent authority is directed to consider the claim of petitioner for appointment to the post of Angan Bari Karyakartri in the light of her selection made pursuant to advertisement made on 08.07.2011. However, it is made clear that this order shall not preclude the competent authority to examine the matter, with respect to genuineness of any documents relating to eligibility etc. of petitioner and if anything is found wrong, therein appropriate order shall be passed by it giving reason(s) after complying with the requirement of principles of natural justice. A copy of judgment of date passed in writ petition no. A-11551 of 2013 shall form part of this judgment.

3. Subject to above, the writ petition stands disposed of.

4. No order as to costs.

Dated: 26.08.2013

Akn