RESHAMI SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BAL VIKAS EVAM PUSTAHAR VIBHAG LKO. AND 6 OTHERS
WRIA/4070/2025 · 2025-04-16
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132515 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132515 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 18 Case :- WRIT - A No. - 4070 of 2025 Petitioner :- Reshami Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Bal Vikas Evam Pustahar Vibhag Lko. And 6 Others Counsel for Petitioner :- Durgesh Mishra,Abhishek Shukla,Manvendra Mishra,Saumya Singh Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. Notice to respondent no. 7 is dispensed with in view of the proposed order. The petition has been filed with the following prayers:- I. to issue a writ, order or direction in the nature of Certiorari to quash the Final Selected Candidate List for the post of Anganwadi Recruitment 2024, Project Aspur Devsara, District Pratapgarh, dated 19.03.2025 to the extent of Gram Panchayat/ward - Damadi, Center Name - Dukara -2 after summoning the same from the office of Opposite Party No. 5, in the interest of justice. II. to issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No. 3 to consider the application/representation dated 20.03.2025 of petitioner and thereafter appoint the petitioner for the post of Anganwadi Recruitment 2024, (Annexure No. 1), in the interest of justice.
Learned counsel for the petitioner submits that on the date of document verification, the petitioner had produced an EWS certificate. He further contends that the petitioner possesses higher qualification marks and is younger in age compared to opposite party no. 7. Despite this, opposite party no. 7 was selected, overlooking the fact that her husband is employed in a private company and she is having a substantial source of income It is further submitted that opposite party no. 7 does not fall under the EWS category and has obtained a false EWS certificate.
Learned Standing Counsel has refuted these claims and submitted that the top three candidates were called for physical verification of documents on 01.03.2025. The petitioner failed to produce the EWS certificate at that time. The instructions provided by the learned Standing Counsel are taken on record. It has been submitted by learned counsel for the petitioner that if the petitioner is having EWS certificate, there is no reason why she will not produce the same before the authorities. It is also pointed out that the instructions provided by the learned Standing Counsel are silent on the petitioner's educational qualifications and the fact that she has secured higher marks. In view of the above, this Court finds it appropriate to direct respondent no. 5 to take a decision in the matter. Accordingly, the petitioner is directed to submit a fresh representation to respondent no. 5, who shall consider it after affording an opportunity of hearing to the aggrieved parties as well as the other selected candidates, and shall pass a reasoned and speaking order within a further period of three weeks. Till the aforesaid period or till the decision is taken, whichever is earlier, no appointment shall be made to the post in question. With the observation made herein above, the petition stands
disposed of.
Order Date :- 16.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench