Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132643 (ALL)

SHILPI v. STATE OF U.P. THRU. SECY. DEPTT. BAL VIKAS EVAM PUSTAHAAR LKO. AND 4 OTHERS

WRIA/3775/2025 · 2025-04-08

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19582 Court No. - 18 Case :- WRIT - A No. - 3775 of 2025 Petitioner :- Shilpi Respondent :- State Of U.P. Thru. Secy. Deptt. Bal Vikas Evam Pustahaar Lko. And 4 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Written instructions provided by learned Standing Counsel is taken on record. In view of the proposed order being passed, notices to respondent No.5 is dispensed with. Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 4. By this petition, the petitioner has prayed for the following relief:- "Issue, a writ, order or direction in the nature of Mandamus thereby commanding to the opposite parties specially to Opposite Party No.4 to consider the case of the petitioner for appointment on the post of Anganwadi Karyakarti at Village, Post and Block Kasmanda, Tehsil Sidhauli District-Sitapur as the petitioner is only eligible applicant." Learned counsel for the petitioner submits that the Anganwadi post in question is reserved for Scheduled Caste candidate. The petitioner is intermediate qualified and comes under the category of Below Poverty Line however, ignoring this, the respondents have selected respondent No.5 who does not belong to reserved category. Learned Standing Counsel has disputed this contention and has submitted that one post of Anganwadi Karyakarti which is subject matter of this writ petition is in the General Category and was not for the Reserved Category. He further submits that respondent No.5 is a widow and as per Government Order dated 21.03.2023 while making direct recruitment on the post of Anganwadi Karyakarti first preference has to be given widow lady of the village. In the present case at hand the respondent No.5 is a widow lady whereas petitioner is not widow. Respondent No.5 has outscored the petitioner in merit and she also belong to Below Poverty Line category and after considering all these aspects, respondent No.5 has been selected. Perused the record so also the Government Order dated 21.03.2023. On due consideration to the conditions of preference to be given while making selection on the post of Anganwadi Karyakarti, it is clear that first preference has to be given to a widow lady and admittedly respondent No.5 is a widow. The written instructions further show that the respondent No.5 has secured higher marks in merit and also belong to Below Poverty Line Category. The petitioner being not the widow cannot be given preference over and above the respondent No.5. In view of the discussions made hereinabove, the petition lacks merit and is accordingly dismissed. Order Date :- 8.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench