Uttarakhand High Court
WPSS/680/2020 on 2 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 2ND DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (S/S) No. 680 of 2020
BETWEEN:
Smt. Poonam Devi ...Petitioner
(By Mr. Himanshu Pal, Advocate)
AND:
State of Uttarakhand & others. ....Respondents
(By Mr. N.S. Pundir, Deputy Advocate General for the State of
Uttarkhand/respondents)
JUDGMENT
Heard learned counsel for the parties.
2. District Programme Officer, Child Welfare,
Haridwar issued an advertisement on 26.11.2018,
whereby applications were invited from eligible
persons for appointment as Anganwadi Karyakatri.
One of the conditions mentioned in the advertisement
was that a candidate should be a permanent resident
of the concerned Village/Ward, in which appointment
was to be made. According to the petitioner, she
applied against a vacancy in Ward No. 51, Mohall
Ghosiyan, Dheerwali, Jawalapur, District Haridwar, as
she is a permanent resident of the said Ward. It is
further her case that she, being a widow, is entitled
for preference in appointment.
3. According to the petitioner, Child
Development Officer, Haridwar prepared a tentative
select list on 10.01.2019, whereby objections were
invited in respect of the names of selected
candidates. One Km. Sajida Ansari D/o late Abdul
Kadeer was shown to be selected against the post in
question. Pursuant to the said tentative select list,
petitioner filed an objection, stating that Km. Sajida
Ansari is not a permanent resident of Ward No. 51,
Mohalla Dheerwali, Ghosiyan-5, therefore, she is not
eligible for appointment.
4. It transpires that the permanent resident
certificate issued in favour of the selected candidate
(Ms. Sajida Ansari), showing her to be permanent
resident of Mohalla Ghosiyan, was cancelled by the
Sub-Divisional Magistrate, Haridwar vide order dated
19.02.2020. The Appellate Committee has disposed
of petitioner's objection vide order dated 30.05.2020,
which is impugned in the writ petition. A perusal of
the order dated 30.05.2020 indicates that the
Appellate Committee has taken cognizance of the
order dated 19.02.2020 passed by Sub-Divisional
Magistrate, Haridwar, whereby permanent resident
certificate issued in favour of Ms. Sajida Ansari was
cancelled, however, the Appellate Committee has
declined to consider petitioner's claim for
appointment on the post of Anganwadi Karyakatri on
the ground that more than six months have elapsed
from the date of selection and has provided that the
earlier selection process stands cancelled and a new
advertisement shall be issued for the post in
question.
5. The order passed by the Appellate
Committee is unsustainable in the eyes of law for the
simple reason that petitioner had filed objection
against the tentative select list well within time,
therefore, the delay, if any, in taking decision on the
said objection is not attributable to the petitioner. In
other words, petitioner cannot be blamed for the
delay in taking decision by the Appellate Committee,
therefore, she could not have been denied the right
to be considered for appointment, merely because
the period of more than six months has expired after
the selection.
6. After cancellation of the permanent
resident certificate of Ms. Sajida Ansari, she could not
have been appointed as Anganwadi Karyakatri,
therefore, petitioner had a right to be considered
against the post in question.
7. In such view of the matter, the impugned
order dated 30.05.2020 passed by Appellate
Authority is quashed and the Writ petition is allowed.
Respondents are directed to consider claim of the
petitioner for appointment alongwith other eligible
candidates, as per the criteria laid down in the
Government Policy, as early as possible, but not later
than six weeks from the date of production of
certified copy of this order.
(MANOJ KUMAR TIWARI, J.)
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