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2025 DAILYLAW 132685 (ALL)

SANGEETA DEVI v. STATE OF U.P. THRU. SECY. MAHILA EVAM BAL VIKAS PUSHTAHAR LKO. AND 4 OTHERS

WRIA/3869/2025 · 2025-04-09

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20047 Court No. - 18 Case :- WRIT - A No. - 3869 of 2025 Petitioner :- Sangeeta Devi Respondent :- State Of U.P. Thru. Secy. Mahila Evam Bal Vikas Pushtahar Lko. And 4 Others Counsel for Petitioner :- Pankaj Kumar Mishra,Awadhesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Learned counsel for the petitioner prays for and is permitted to incorporate the necessary corrections in the particulars of respondent No.5 during the course of the day. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent. 3. By this petition, the petitioner has prayed for issuance of writ of Mandamus commanding and directing the opposite parties to consider the appointment of the petitioner on the post of Anganwadi Karyakarti. 4. Learned Standing Counsel, on the basis of written instructions, has submitted that pursuant to the Government Order dated 21.03.2023, the vacant post of Anganwadi Karyakarti was advertised vide advertisement dated 13.03.2024 and last date of filling the application form for the advertisement was 10.04.2024. In view of para 10 of the Government Order dated 21.03.2024, the date for physical verification was fixed as 28.02.2025 where Sangeeta Devi, the petitioner, was called for physical verification under BPL Widow category where she could not produce the death certificate of her late husband. Taking sympathetic view again an opportunity was given to the petitioner on 17.03.2025 to produce the death certificate on which date also, the petitioner could not produce the death certificate and thus, the eligibility of the petitioner has been considered on the basis of BPL category instead of BPL Widow. The merit list was prepared by the selection committee in which Km. Pooja Yadav who was under BPL category has top the merit list and, therefore, she was selected. 5. Perused the record so also the written instructions provided by the learned Standing Counsel. 6. It appears that twice opportunity was given to the petitioner for producing the death certificate of her late husband according to the Government Order dated 21.03.2024 however, she could not produce the death certificate of her late husband and that is why having left with no other option, the respondents have selected Km. Pooja Yadav who has top the list under BPL category, therefore, there appears to be no illegality in the act of selection of Km. Pooja Yadav. 7. In view of above, this Court does not find any illegality in the order impugned, the petition lacks merit and is accordingly dismissed. Order Date :- 9.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench