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2025 DAILYLAW 137563 (ALL)

ANITA ARYA v. DISTRICT MAGISTRATE DISTT. BALRAMPUR AND 3 OTHERS

WRIA/4788/2025 · 2025-05-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25029 Court No. - 18 Case :- WRIT - A No. - 4788 of 2025 Petitioner :- Anita Arya Respondent :- District Magistrate Distt. Balrampur And 3 Others Counsel for Petitioner :- Vishal Kumar Yadav,Manju 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 State-respondent. By this petition, the petitioner has prayed for the following reliefs:- "(i) Issue a Writ, Order or Direction in the nature of Certiorari for quashing the Anganwadi Recruitment 2025 final selected candidate list, Project- Harraiya Satghrawa, Gram Panchayat Mathura, District Balrampur (contained as Annexure No.1) in regards of the Gram Panchayat Mathura after summoning the records of the final selected candidate for said Gram Panchayat -Mathura, Harraiya Satghrawa, Balrampur, in the interest of justice. (ii) Issue a Writ, Order or Direction in the nature of Mandamus for commanding and directing the concerned opposite parties to consider the candidature of the petitioner to the vacant post in Project- Harraiya Satghrawa, Gram Panchayat Mathura, District - Balrampur and select her on the post of Anganwadi worker, in the interest of justice." Learned counsel for the petitioner submits that ignoring the case of the petitioner the respondent No.4 has been selected on the post of Anganwadi Karyakarti allegedly on the ground that she is a widow in fact she is not a widow. Attention of the court has been drawn towards the family register of respondent No.4 where it is shown that the earlier husband of respondent No.4 namely, Rajesh died on 04.08.2021 thereafter, further attention of the court has been drawn towards the copy of Asha Bahu register which shows that respondent No.4 has given birth to a boy on 04.12.2023 namely, Prateek. She has further submitted that a representation was given to the District Magistrate, Balrampur which was countersigned by concerned Kshetra Panchayat Sadasya, Gram Panchayat Mathura along with other villagers wherein it is alleged that she has married with one Deepak who is her brother-in-law and, therefore, by concealing these material facts, the appointment has been made and respondent No.4 has been appointed. Learned standing counsel on the basis of written instructions has submitted that allegation of the petitioner have not been found substantiated during inquiry conducted by the concerned Lekhpal and no second marriage was found. Perused the record. The very factum of marriage of respondent No.4 is disputed hence, in the interest of justice and also considering the fact that the appointment on the post of Anganwadi Karyakarti should not be given to an ineligible candidate who has suppressed any information, the petitioner is granted liberty to file fresh representation before respondent No.1 within two weeks' from today who after receiving the representation shall proceed to conduct an inquiry regarding the factum of marriage of the respondent No.4 and shall pass appropriate orders within a further period of six weeks. With these observations, the petition is disposed of. Order Date :- 1.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench