Smt. Sunita And 3 Ors. vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 5198 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 20399 of 2013
 

 
Petitioner :- Smt. Sunita And 3 Ors.
 
Respondent :- State Of U.P.& 3 Ors.
 
Counsel for Petitioner :- Deepak K.Jaiswal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal, J.

1. By means of the present writ petition, petitioners Smt. Sunita, Smt. Deepika Devi, Smt. Pushpa Devi and Smt. Sarita Gupta have approached this Court, praying for a writ of certiorari, quashing advertisement dated 2.11.2012 (Annexure-6 to the writ petition) as also the order dated 19.12.2012, whereby their' representations dated 06.11.2012, for considering their claim for issuance of appointment letter with respect to selection held pursuant to advertisement dated 17.6.2011 and 20.7.2011, have been rejected. A further relief of mandamus has also been claimed for filling up the posts advertised vide previous notifications dated 17.6.2011 and 20.7.2011 (Annexure-1 to the writ petition).

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 02.11.2012 (Annexure-6 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 petitioners for appointment to the post of Angan Bari Karyakartri in the light of their selection made pursuant to notifications dated 17.06.2011 and 20.07.2011 (Annexure-1 to the writ petition). 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 petitioners 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. With the above directions the writ petition stands disposed of.

4. No order as to costs.

Dated: 26.08.2013

Akn.