PINKI DEVI v. STATE OF U.P. THRU. ITS PRIN. SECY. BAL VIKAS EVAM PUSHTAHAR LKO. AND 7 OTHERS
WRIA/3930/2025 · 2025-04-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132762 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132762 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20469 Court No. - 18 Case :- WRIT - A No. - 3930 of 2025 Petitioner :- Pinki Devi Respondent :- State Of U.P. Thru. Its Prin. Secy. Bal Vikas Evam Pushtahar Lko. And 7 Others Counsel for Petitioner :- Dinesh Chandra Tewari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioner and learned Standing counsel for the respondent. 1 to 5. 2. Notices to respondent nos. 7 and 8 are dispensed with in view of the proposed order. 3. None appears for the respondent no.6. 4. Through this petition, the petitioner has prayed for the following relief:-
"(I) Issue a writ order or direction in the nature of certiorari to thereby quash the select list issued by the Opposite party no. 3 only to this extent which it relates to Gram Sabha Babhnauti Shankarpur Block - Mehsi, Tehsil Mehsi District Bahraich listed at serial no. 5,6,7,8 contained as Annexure No. 1 in the interest of justice. (II) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties especially op no. 3 to make the selection / appointment of the petitioner being a widow lady on the post of anganwadi karyakatri Village in Babhnauti Shankarpur, Block Mehsi Tehsil Mahesi District Bahraich according to the government order dated 21/03/2023 in the interest of
justice. (III) Issue a writ, order or direction in the nature of mandamus commanding the especially opposite party representation dated Annexure of the petitioner. opposite parties Decide no.3 the contained as Annexure of the petitioner. (IV) Issue any other order or direction which the Hon'ble court may deemed fit and proper under the circumstances of the case in the interest of justice."
5. Learned Standing counsel, on the basis of written instructions, submits that the petitioner Smt. Pinki Devi, has applied separately from two Anganwadi centers. One application was made in Anganwadi Centre Babhnauti Shankpur-5 and another was made in Anganwadi Centre Babhnauti Shankpur-4. Both the centres are for EWS reservation. The petitioner has applied for the unreserved category.
It is also evident from perusal of the instructions that the income certificate attached by the petitioner in the application form is more than six months old, whereas as per the arrangement given in the Government Order No. 21.03.2023, the income certificate issued till six months before the date of issue of notification has been considered in the category of BPL. It is submitted on behalf of the learned Standing counsel that on the above two grounds the candidature of the petitioner could not be selected. 6. Learned counsel for the petitioner submits that as per the income certificate of the petitioner, which is on record, the same is admissible for a period of three years. 7. Perused the record. 8. On due consideration to the submissions advanced, perusal of the record so also the written instructions given by the learned Standing Counsel, which are taken on record, it is evident that Aganbadi Centers in question pertaining to EWS category and they are reserved for that category. The petitioner does not belong to EWS category. The income certificate of the petitioner has been issued on 1.4.2024 whereas as per the Government Order dated 21.3.2023 the income certificate should have been issued within six months before the date of the advertisement i.e. 18.12.2024. In this case admittedly the income certificate has been issued more than six months ago from the date of the advertisement. It appears that on these two grounds the petitioners candidature has not been considered for appointment on the post of Aganbadi Karyakatri. 9. The petition lacks merit and is accordingly dismissed. Order Date :- 10.4.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench