ANSHIKA SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. CHILD DEVELOPMENT AND PUSTAHAR LKO. AND 4 OTHERS
WRIA/3732/2025 · 2025-04-07
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131942 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19304 Court No. - 18 Case :- WRIT - A No. - 3732 of 2025 Petitioner :- Anshika Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Child Development And Pustahar Lko. And 4 Others Counsel for Petitioner :- Janardan Dixit Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel for State. Notice to respondent No.5 is dispensed with in view of the proposed order. The present application has been filed to quash the appointment of the private respondent who has been appointed on the post of Anganbadi Karyakatri. A further direction to respondents to give appointment to the petitioner on the post of Anganbadi Karyakatri with a further direction to the respondents to decide the petitioner's representation has also been sought.
Learned counsel for petitioner submits that the respondent No.5 is not below poverty line. The petitioner has secured higher marks than respondent No.5 and maliciously respondent No.5 has been selected and name of the petitioner has been left out by respondent No.2. Learned standing counsel on the basis of written instructions has submitted that according to advertisement dated 14.3.2024, the petitioner and private respondent both have applied. The petitioner is having an
income of Rs.48,000/- per annum which comes under APL category whereas Devki Devi, the selected candidate has an income certificate showing her income to be 45000/- annually which comes under BPL category as for the BPL category, the income of 46,080/- for rural area or less is mandatory. The petitioner exceeds this category and therefore, comes under APL category. It is further submitted that the income certificate given by the petitioner is dated 17.8.2023 whereas as per relevant government order dated 21.3.2023, the income certificate should have been issued within six months from the date of the advertisement and therefore, on these grounds, the case of the petitioner could not be considered for selection. The petition lacks merit and is accordingly liable to be dismissed. The written instructions are taken on record. On due consideration to the government
order dated 21.3.2023, the fact that the petitioner is having income of Rs.48,000/- per annum which comes under APL category and the income certificate has not been issued within six months from the date of the advertisement, I find substance in the submission of learned standing counsel and the case of the petitioner could not have been considered in view of the government
order dated 21.3.2023. The petition lacks merit and is accordingly dismissed.
Order Date :- 7.4.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench