Neutral Citation No. - 2025:AHC-LKO:18398 Court No. - 18 Case :- WRIT - A No. - 3519 of 2025 Petitioner :- Smt. Sakshi Singh Respondent :- State Of U.P. Thru. Its Prin. Secy. Child Dev. Service And Nutrition Lko. And 4 Others Counsel for Petitioner :- Shesh Mani Shukla Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.C.S.C. for the State-respondent Nos.1 to 5. By this petition, the petitioner has prayed for the following relief:- "[I] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party No. 5 to issue a fair merit list in pursuance of the Government order dated 21.03.2023 (as contained in Annexure No. 7 to this writ petition) in respect of the advertisement dated 21.10.2024 (as contained in Annexure No. 1 to this writ petition). [II] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to consider the candidature of the petitioner under the category of EWS for the post of Anganwari worker for Village-Narsada-1, Block-Baldirai, District-Sultanpur, as the petitioner being eligible, apply for the said post within time, in the interest of justice. [III] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party No. 5 to consider and decide the representation of petitioner dated 13.03.2025 which is pending before him, as contained in Annexure No. 09 to this writ petition." Learned Standing Counsel on the basis of written instructions which have been provided to the court during course of argument has submitted that the petitioner has secured 12.252 marks and she does not belong to the category of below poverty line whereas the incumbent which has been selected by the selection committee namely Smt. Purnima has secured higher marks than the petitioner i.e. 12.535 marks and according to Government Order dated 14.09.2015, the eligibility for a candidate in EWS category is, anyone who is getting Rs.46,080/- per annum in the rural areas or less shall come in the EWS category. Admittedly, the petitioner is getting Rs.48,000/- per annum which is higher than the limit fixed vide G.O. dated 14.09.2015 and on these two grounds, she could not be considered whereas the another candidate namely Smt. Purnima has been selected by the selection committee who has secured higher marks in merit and who exists in the category of below poverty line. It is also submitted that the selected candidate has not been impleaded in the writ petition therefore, the writ petition is also liable to be dismissed on the ground of non-joinder of the necessary parties. Perused the record. On due consideration to the submissions advanced so also the fact that the selected candidate has outperformed the present petitioner as she has secured higher marks in merit than the petitioner and also the fact that she is a candidate of below poverty line category unlike the petitioner who is having a higher income and cannot come in EWS category and therefore, I do not find any merit in the petition. The writ petition is accordingly dismissed. Learned counsel for the petitioner at this stage prays that he may be permitted to challenge the selection of newly selected candidate. The liberty as prayed is granted. Order Date :- 2.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench