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2025 DAILYLAW 130889 (ALL)

USHA DEVI ALIAS USHA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. CHILD DEV. AND NUTRITION LKO. AND 5 OTHERS

WRIA/3485/2025 · 2025-04-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18292 Court No. - 18 Case :- WRIT - A No. - 3485 of 2025 Petitioner :- Usha Devi Alias Usha Respondent :- State Of U.P. Thru. Addl. Chief Secy. Child Dev. And Nutrition Lko. And 5 Others Counsel for Petitioner :- Lakshmana Singh Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner(s) and learned Standing Counsel who has accepted notice on behalf of respondents. Notice to respondent No.6 is dispensed with in view of the proposed order. By means of this writ petition, the petitioner has prayed for issuance of a writ of certiorari quashing order dated 14.2.2025 passed by District Programme Officer, Raebareli with a further prayer of mandamus directing respondents to consider candidature of the petitioner for appointment on the post of Aganwani Karyakatri in village panchayat Bhelia, Anganbadi Center, Bhelia 3rd, Block Chhatoh,, district Raebareli after relaxing her age. Learned counsel for the petitioner submits that the petitioner belongs to scheduled caste category. There is a relaxation in upper age limit of five years given by the State Govt to scheduled caste candidates. However, he could not show from the record any provision for relaxation in age so that a direction can be issued for reconsidering the case of the petitioner after providing relaxation in age. A perusal of the government order dated 21.3.2023 shows that the maximum age for the post of Anganbari Karyakatri is 35 years. Admittedly, the petitioner is more than 35 years old and and as per instructions received by the learned standing counsel, the petitioner is precisely 38 years old. There is no provision for relaxation in age in the government order dated 21.3.2023. Since the petitioner is overage and does not fulfil the criteria as per government order dated 21.3.2023, she could not be selected on the post of Anganbari Karyakatri. There appears to be no illegality in the impugned order, Annexure No.1. In view of the above, the petition fails and is accordingly dismissed. Order Date :- 2.4.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench