ROUHEE BANO Vs. STATE OF J&K
LAWS(J&K)-2022-8-83
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 02,2022

Rouhee Bano Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

ALI MOHAMMAD MAGREY, J. - (1.)The Petitioner, feeling aggrieved of her non-selection in the process of selection initiated by the official Respondents for the post of Anganwadi Worker in Anganwadi Centre Gori Mohalla, Preng, Hajin and the selection of Respondent No.5, has filed the instant Petition seeking quashing of the selection and appointment of Respondent No.5 with further direction in the name of Respondent Nos. 1 to 4 to appoint her against the aforesaid post of Anganwadi Worker on the grounds detailed out in the memo of Petition.
(2.)Learned Counsel for the Petitioner submitted that the official Respondents, while making selection to the aforesaid post of Anganwadi Worker, have not followed the criteria prescribed for making such selection as notified in terms of Government Order No. 128-SW of 2008 dated 24th of March, 2008 in the manner and method provided therein. To buttress this argument, the learned Counsel has invited the attention of the Court to the mandate of the aforesaid Government Order, which reads, thus:
"In continuation of Government Order No. 75-SW of 2008 dtd. 5/3/2008 and in supersession of all previous orders issued from time to time, following criteria is hereby ordered for making selection of Anganwadi Workers: - (I) i. Female Candidates in the age group of 18 years to 44 years; ii. Minimum Qualification for Anganwadi Worker shall be Matriculation; and in case no Matriculate candidate is available; Middle pass candidate shall be considered;

iii. Minimum requisite qualification (Matric/ Middle) shall carry 75%; and iv. 25% weightage shall be reserved for viva-voce.

(II) In case of Reserved Category candidates, there shall be no education qualification bar. However, while making selection under Reserved Categories, the selection shall be made giving weightage to aptitude, personality and performance in viva-voce besides: i) Preference shall be given to candidates belonging to BPL category;

ii) Merit in matriculation/ middle examination in case candidate is educationally qualified; and iii) Candidate in higher age group within prescribed age limit, i.e., 18 years to 44 years as on 1/1/2008." It is submitted that the Petitioner had secured more merit in the Matriculation Examination which, as per the criteria notified, carries 75% points, but despite the Petitioner having obtained more merit in the Matriculation Examination than the Respondent No.5, the official Respondents, on wrong application of the criteria, did not appoint the Petitioner and, instead, appointed the Respondent No.5 on the post in question. It is pleaded that in terms of the criteria, preference had to be given to the candidates belonging to BPL Category, but no such preference has been given to the Petitioner, who was a member of the BPL Category, while making selection.

(3.)On notice having been issued, the Respondents have filed their Objections denying the averments/ contentions made by the Petitioner in her Petition. It is submitted that the competent authority has notified the criteria in terms of Government Order dated 24th of March, 2008 and that the same has been applied to the present selection process in letter and spirit. It is contended that, upon applying the aforesaid criteria, the the Respondent No.5 has got 46.70 points, whilst the Petitioner secured only 45.44 points, thereby making the Respondent No.5 entitled for being selected on the post of Anganwadi Worker, Anganwadi Centre Gori Mohalla, Preng, Hajin. It is argued that due weightage has been given to the merit of the Petitioner in the marks obtained by her in the Matriculation Examination with the application of criteria, but despite that she could not march ahead of the Respondent No.5 in terms of overall points.


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