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2025 DAILYLAW 138385 (ALL)

SMT. REKHA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. CHILD DEVELOPMENT SERVICES AND NUTRITION LKO. AND 5 OTHERS

WRIA/4998/2025 · 2025-05-06

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26413 Court No. - 18 Case :- WRIT - A No. - 4998 of 2025 Petitioner :- Smt. Rekha Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Child Development Services And Nutrition Lko. And 5 Others Counsel for Petitioner :- Sanjay Kumar 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. Notice to respondent No.6 is dispensed with in view of the proposed order. By means of present petition, the petitioner has prayed for issuance of a writ of mandamus directing respondents to consider appointment of the petitioner on the post of Anganbadi worker at gram Panchayat Jorawarpur, district Balrampur. A further writ in the nature of certiorari has been sought quashing selection list of Anganwadi Recruitment 2024 project Balrampur Dehat to the extent of Gram Panchayat/Ward Joravarpur. Learned Standing Counsel, on the basis of written instructions which are taken on record, submits that Usha Maurya has been selected as Anganwadi Karyakatri on the basis of her name being at serial No.1 of the select list and a BPL category candidate as also in view of the priority given in Government Order dated 21.3.2023 para 3-Ga(3). The petitioner being APL category candidate and is placed at serial No.2 of the select list has been out-performed by the private respondent. The selection has been made in accordance with the policy of the government. The writ petition is devoid of merit. I have considered the submission and perused the record. From the above, it is evident that the petitioner is not a BPL category candidate and as per the above government order, a BPL category candidate has to be given priority over and above an APL category candidate. The ground taken by the petitioner that income of respondent No.6 is lower than the petitioner is falsified in view of these written instructions and the documents annexed with the petition which show that the petitioner has not filed/uploaded her income certificate; instead in her place, she has uploaded the certificate of her husband Ram Achal. On the contrary, the selected candidate, i.e. private respondent has uploaded her own income certificate, therefore, she has been given the benefit of BPL category and the petitioner has been considered as APL category candidate. The petitioner is herself to be blamed for uploading income certificate of her husband which cannot be accepted in view of the Government Order (supra). There appears to be no illegality in the impugned selection. The petition being devoid of merit is dismissed. Order Date :- 6.5.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench