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2023 DAILYLAW 764 (JK)

DEEP MALA v. U T OF J AND K TH ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPTT AND OTHERS

WP(C)/1387/2023 · 2026-04-01

Sanjay Dhar

Writ Petition (Civil)body2023

Judgment text

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WP(C) No. 1387/2023 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1387/2023 CM No. 7157/2024 CM No. 4034/2024 CM No. 4474/2023 CM No. 3318/2023 Date of pronouncement : 01.04.2026 Uploaded on : 02.04.2026 Deep Mala …..Petitioner Through:- Mrs. Shivani Jalali, Sr. Advocate with Ms. Prachi Sharma, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- Ms. Pallavi Sharma, Assisting Counsel vice Mr. Ravinder Gupta, AAG for R-1 to 3. Mr. Joginder Singh Thakur, Adv. for R-4. \ CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (ORAL) 01. The petitioner, through the medium of instant petition, has challenged Advertisement Notification No. 01 of 2023 dated 10.05.2023, whereby applications were invited for engagement of Anganwadi Workers/Helpers, inter alia, for Anganwadi Centre, Mushal Dessa, where the petitioner was discharging her duties as Anganwadi Helper at the relevant time. Serial No. 78 Regular List WP(C) No. 1387/2023 02. The primary contention of the petitioner for assailing the impugned advertisement notice is that, as per the norms applicable to selection/engagement of Anganwadi Helpers/ Workers issued vide Govt. Order No. 283-SW of 2017 dated 07.09.2017, particularly clause (i) thereof, vacancy of Anganwadi Worker arising due to resignation, promotion or for any reason other than death of the Worker, the same was to be filled up from amongst the Helpers of the village/ward subject to the Helper possessing a minimum qualification of Matriculation and experience of not less than 10 years at the time of accruing of vacancy. 03. Learned Senior Counsel appearing for the petitioner has fairly conceded that, vide Govt. Order No. 222-JK (SWD) of 2022 dated 30.11.2022, a fresh policy laying down the criteria for engagement of Anganwadi Helpers/Workers has been formulated, wherein there is no provision for giving preference to the Anganwadi Helpers already working in the same Centre. She has submitted that at the time when the writ petition was filed, the petitioner did not aware about change of the policy. 04. Having regard to the fact that the impugned advertisement notice has been issued by the official- respondents after the issuance of the fresh policy in terms of Govt. Order No. 222-JK (SWD) of 2022 dated 30.11.2022, the criteria laid down vide policy issued vide Govt. Order No. 283- WP(C) No. 1387/2023 SW of 2017 dated 07.09.2017 cannot be made applicable to the selection process which is the subject matter of the present writ petition. 05. In view of the above, there is no merit in this writ petition. The same is, accordingly, dismissed along with connected application(s). 06. Interim order/direction, if any, shall stand vacated. (SANJAY DHAR) JUDGE JAMMU 01.04.2026 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Bunty Kumar 2026.04.02 14:20 I attest to the accuracy and integrity of this document