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2025 DAILYLAW 125266 (ALL)

SEEMA GAUTAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO AND 3 OTHERS

WRIA/2281/2025 · 2025-02-28

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12374 Court No. - 6 Case :- WRIT - A No. - 2281 of 2025 Petitioner :- Seema Gautam Respondent :- State Of U.P. Thru. Addl. Chief Secy. Lko And 3 Others Counsel for Petitioner :- Rakesh Kumar Saini Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Rakesh Kumar Saini, learned counsel for the petitioner as well as Ms. Deepshikha, learned Chief Standing Counsel appearing for the respondents. 2. By means of present writ petition the petitioner has sought direction to the District Programme Officer, Balrampur to appoint the petitioner on the post of Anganwadi Karyakarti on first preference in Village/Ward - Dulhindih, Block - Gaisadi, District - Balrampur in pursuance to Government Order dated 29.01.2021. 3. It has been submitted by learned counsel for the petitioner that the petitioner is a divorced lady and belongs to Scheduled Caste category and she has applied for the post of Anganwadi Karyakarti for which purpose selection process is still underway. It is during the said process that present writ petition has been filed for direction to the respondents to appoint the petitioner on the said post. 4. Learned Standing Counsel on the other hand has submitted that present writ petition is premature inasmuch as, candidature of petitioner is under consideration before the competent authority i.e. District Programme Officer, Balrampur who would be looking into the qualifications and also the aspect of preference as claimed by the petitioner for appointment on the post of Anganwadi Karyakarti, and no orders have been passed so far. 5. It is next submitted by learned Chief Standing Counsel that it is only in case claim of petitioner is rejected by the competent authority, the petitioner can raised grievance before the appropriate authority/forum, but during pendency of selection process, no direction as sought by the petitioner can be passed. 6. Heard learned counsel for the parties and perused the record. 7. Having perused the record, specially the fact that petitioner is claiming benefit of particular clause for grant of preference for appointment on the post of Anganwadi Karyakarti and in this regard, the petitioner has submitted all documents before the competent authority i.e. respondent no. 3. It is further noticed that the petitioner cannot be said to be a person aggrieved at this point of time inasmuch as, claim of the petitioner has not been rejected by any authority and merely on apprehension of adverse order, present writ petition has been filed. 8. In the aforesaid circumstances, this Court is of the considered view that present writ petition is premature and the competent authority would necessarily look into all the documents submitted by the petitioner to determine as to whether the petitioner is entitled for preference as claimed by her. No such directions as sought by the petitioner can be passed at this stage. 9. Accordingly, no interference in the matter is called for at this stage, in exercise of power under Article 226 of the Constitution of India. The writ petition being devoid of merit is dismissed. Order Date :- 28.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench