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2025 DAILYLAW 136422 (ALL)

SHAHEEN BEGAM v. STATE OF U.P. THRU. ITS PRIN. SECY. BAL VIKAS EVAM PUSTAHAR AND 3 OTHERS

WRIA/4553/2025 · 2025-04-29

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24245 Court No. - 18 Case :- WRIT - A No. - 4553 of 2025 Petitioner :- Shaheen Begam Respondent :- State Of U.P. Thru. Its Prin. Secy. Bal Vikas Evam Pustahar And 3 Others Counsel for Petitioner :- Sumit Chauhan,Suresh Chandra Srivastava 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 respondent no. 1 to 4. By this petition, the petitioner has prayed for the following relief:- "i. Issue a Writ, order or direction in nature of MANDAMUS directing and commanding the opposite parties to relax the condition mention in Para 9 of the advertisement issued on 18.12.2024 in regard to validity of income certificate issued prior to 6 month, from the date of advertisement, in the favour of the petitioner. ii. Issue a Writ, order or direction in nature of MANDAMUS directing and commanding the opposite parties to consider the appointment of the petitioner after relaxing the validity of income certificate dated 19.09.2022 issued by the tehsil authority and consider the validity of income certificate issued on 27.03.2025 by the tehsil authority in this respect." Learned counsel for the petitioner submits that the petitioner has filed the present writ petition being aggrieved by the condition stipulated in paragraph 9 of the advertisement dated 18.12.2024, which relates to the validity of the income certificate. The petitioner seeks relaxation from the said condition. It is submitted that the petitioner’s income certificate is dated 19.09.2022. Learned Standing Counsel, on the basis of written instructions, submits that as per the policy laid down in the Government Order dated 21.03.2023, the income certificate must not be older than six months from the date of the advertisement, i.e., 18.12.2024. Since the petitioner’s income certificate is dated 19.09.2022, it does not fulfill the prescribed requirement and, therefore, could not be considered for selection to the post of Anganwadi Karyakatri. With regard to the challenge to Clause 9 of the advertisement, it is the admitted position of the petitioner that she participated in the selection process under the said advertisement. Once a candidate has participated in the selection process pursuant to an advertisement, they are precluded from challenging its terms and conditions. On due consideration of the submissions made by the learned Standing Counsel and in view of the law laid down by the Hon’ble Supreme Court in Tajvir Singh Sodhi v. State of Jammu and Kashmir, 2023 SCC Online SC 344, the writ petition, being devoid of merit, is hereby dismissed. The written instructions provided by the learned Standing Counsel are taken on record. Order Date :- 29.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench