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2025 DAILYLAW 131906 (ALL)

ARCHANA DEVI v. STATE OF U.P. THRU. ADDL. DEPTT. OF WOMEN AND CHILD SECY., CHILD DEVELOPMENT, LKO. AND 3 OTHERS

WRIA/3624/2025 · 2025-04-05

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19126 Court No. - 18 Case :- WRIT - A No. - 3624 of 2025 Petitioner :- Archana Devi Respondent :- State Of U.P. Thru. Addl. Deptt. Of Women And Child Secy., Child Development, Lko. And 3 Others Counsel for Petitioner :- Diwakar Prasad Tiwari Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition, the petitioner seeks the following prayer:- "(i) Issue a writ order or direction in the nature of Mandanus directing Commanding to the Opposite Party No.3 prepare merit list of the Aanganbadi Karyakatri in pursuance of G. O. order dated 21.03.3023 issued by the government of utter Pradesh in accordance with the clause 7 of the aforesaid G.O. contained in Annexure No.I to this writ petition. (ii) Issue a writ order or direction in the nature of Mandamus directing Commanding to the Opposite Party No.3 prepare merit list of the Aanganbadi Karyakatri in pursuance of G. O. order dated 21.03.3023 issued by the government of utter Pradesh in accordance with the clause 7 of the aforesaid G.O. and prepare the merit for the post of Aanganbadi Karyakatri on the basis of High School and Intermediate marks," Learned counsel for the petitioner submits that the District Program Officer, Bahraich, has called the petitioner for document verification on 21.03.2025 at 10:00 A.M. The petitioner’s sole prayer is for a direction to the respondents to prepare the merit list on the basis of marks obtained in High School and Intermediate examinations pursuant to the Government Order dated 21.03.2023. It is further submitted that the Coordinate Bench of this Court at Allahabad, in Writ-A No. 3371 of 2025, Smt. Chandini Pandey vs. State of U.P. and others, decided on 19.03.2025, has held that preparation of the merit list on the basis of Post Graduate marks is only directory and not mandatory. The said judgment directed the respondents to prepare the merit list strictly in accordance with the minimum prescribed qualifications, allotting marks based on High School and Intermediate results, and not on Graduation or Post Graduation, as no preferential qualification is provided under the relevant Government Order.The operative portion of the judgment is extracted below:- "In such above view of the matter, therefore, the respondents can neither compel the petitioner to submit Post Graduation academic qualification certificate, nor can reject her candidature on the ground that she failed to submit Post Graduation degree, nor even can place her below to a candidate having Post Graduate degree if she scores better merely to such candidates on the basis of her performance as Anganbadi Sahayika and/or High School and Intermediate marks qua merit list. The provision of preparation of merit list as per Post Graduate degree is held to be directory only. Respondents are directed to prepare the merit list strictly in accordance with the minimum qualification as prescribed and allot the marks on the basis of High School and Intermediate qualification pursuant to the advertisement issued and not on the basis of Graduation or Post Graduation as there is no preferential qualification prescribed under the relevant Government Order. In the circumstances, therefore, I dispose of this petition accordingly with the aforesaid observations and directions". Learned Standing Counsel has opposed the petition, however, he has not disputed the legal position as submitted by learned counsel for the petitioner. Considering the submissions advanced and the judgment in Smt. Chandini Pandey (supra), the respondents are directed to prepare the merit list strictly as per the prescribed minimum qualifications, on the basis of High School and Intermediate marks, provided the selection process is still pending. With these observations, the writ petition stands disposed of. Order Date :- 5.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench