SMT. HAJRA KHATUN MOHD. GULAM HYDER v. STATE OF U.P. THRU. PRIN. SECY. BAL VIKAS SEVA EVAM PUSTAHAR AND 7 OTHERS
WRIA/3454/2025 · 2025-04-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131157 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131157 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18374 Court No. - 18 Case :- WRIT - A No. - 3454 of 2025 Petitioner :- Smt. Hajra Khatun Mohd. Gulam Hyder Respondent :- State Of U.P. Thru. Prin. Secy. Bal Vikas Seva Evam Pustahar And 7 Others Counsel for Petitioner :- Ram Milan Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Karunesh Singh Pawar,J. In view of the proposed order being passed, notices to respondent no.7 is dispensed with. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 6. and Shri Pankaj Gupta,
learned counsel for respondent No.8. By this petition, the petitioner has prayed for the following relief:-
"I. Issue a writ, order or direction in the nature of Certiorari to quashing the Final Selected Candidate List dated 18.03.2025, District-Pratapgarh, Project-Kalakankar of Anganwadi Recruitment 2024, Government of Uttar Pradesh by which opposite party no. 8 has been selected on the post of Anganwadi Karyakatri by the opposite party no. 2 & 3 inspite of low merit to the petitioner, relates to the Gram Panchayat Sujakhar Block- Sangipur, District- Pratapgarh contained herewith as Annexure No. 1 to this writ petition, in the interest of justice. II. Issue a writ in the nature of Mandamus hereby commanding the opposite parties to make a fresh Final Selected Candidate List District-Pratapgarh, Project-Kalakankar of Anganwadi Recruitment 2024 after considering the consideration of the petitioner relates to the Gram Panchayat Sujakhar Block- Sangipur, District- Pratapgarh.
III. Issue a writ in the nature of Mandamus hereby commanding the opposite party no. 2 to decide the representation dated 23.03.2025 of the petitioner contained as Annexure No. 12 to this petition."
Learned counsel for the petitioner submits that although the petitioner has obtained higher marks than the opposite party No.7, the opposite party nos.2 and 3 are selected the opposite party no.7 on the post of Anganwadi Karyakarti in an arbitrary manner. Learned Standing Counsel on the basis of written instructions has submitted that in the Government Order No.19/ 2023/ 3975/ 58-1-2022-2/ 1(22)10 T.C. dated 21.03.2023, the requisite income certificate was required to be submitted by the petitioner which was issued within six months from the date of advertisement however, in the present case, the date of advertisement was 13.03.2024 whereas the income certificate issued to the petitioner was of 06.05.2023 which is not within six months time from the date of advertisement and therefore, the petitioner was not considered as a candidate belonging to below poverty line and on this ground her candidature has been rejected. The instructions provided by learned Standing Counsel are kept on record. In view of above instructions, it is clear that petitioner does not fulfill the eligibility criteria for selection on the post of Anganwadi Karyakarti. At this stage, learned counsel for the petitioner submits that he does not want to press this petition rather seeks liberty to file afresh. With the aforesaid liberty, the petition is dismissed as not pressed.
Order Date :- 2.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench