Mithilesh Kumari vs State Of U.P.& 4 Ors.
2013 Latest Caselaw 5212 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 21447 of 2013
 

 
Petitioner :- Mithilesh Kumari
 
Respondent :- State Of U.P.& 4 Ors.
 
Counsel for Petitioner :- J.K.`Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. The petitioner through this writ petition has sought, inter alia, the following reliefs:

?1. Issue a writ, order or direction in the nature of certiorari quashing the order dated 28.1.2013 by which respondent no. 4 has not passed the order of appointment of the petitioner on the said post of Mini Anganbari Karyakatri.

2. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to pass an order of appointment of the petitioner on the said post of Mini Anganbari Karyakatri, which has been vacant from cancellation of appointment of respondent no.5 on the said post.?

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 order dated 28.01.2013 (Annexure-6 to the writ petition), passed by District Programme Officer, Auraiya, is hereby quashed only to the extent it has directed fresh advertisement of the vacancy in view of new Government Order dated 04.09.2012, permitting the petitioner to apply afresh. Once the selection of Smt. Renu wife of Akhilesh Kumar, respondent no.5 has been cancelled, the respondents ought to have proceeded to consider the matter of appointment of next candidate in the merit list. The respondent competent authority is directed to consider the claim of petitioner for appointment to the said post in the light of her selection made pursuant to advertisement dated 23.06.2011 (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 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.