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2025 DAILYLAW 139979 (ALL)

ANITA DEVI v. STATE OF U.P. THRU. PRIN. SECY. BAL VIKAS AVAM PUSHTAHAR LKO. AND 5 OTHERS

WRIA/5300/2025 · 2025-05-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30109 Court No. - 18 Case :- WRIT - A No. - 5300 of 2025 Petitioner :- Anita Devi Respondent :- State Of U.P. Thru. Prin. Secy. Bal Vikas Avam Pushtahar Lko. And 5 Others Counsel for Petitioner :- Sarjoo Ram,Aklavya,Chandan Prasad,Km Nirmala Devi,Mohan Lal Maurya,Prashant Shekhar,Ravi Kant Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. In view of the proposed order being passed, notices to respondent No.6 is dispensed with. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 5. This Court vide order dated 15.05.2025 has passed the following order:- "Learned Standing Counsel, on the basis of written instructions, has submitted that the income certificate issued in favour of the petitioner is more than six months prior to the date of the advertisement. Hence, the petitioner has been placed in the APL category. The petitioner has secured 10.64 marks in the merit list, whereas respondent no. 6, Shivani, who has obtained 12.5 marks, has been selected. However, the instructions received by the Learned Standing Counsel is silent with regard to the pleading made in para 9 of the writ petition. Accordingly, he is directed to obtain fresh instructions within three days. List/Put up on 21.05.2025 as fresh." Learned counsel for the petitioner submits that respondent No.6 belongs to some other Gram Sabha. Learned standing counsel on the basis of written instructions which are taken on record has opposed the petition. A perusal of the written instructions show that one Shivani, respondent No.6 herein, has been selected on the post in question who has acquired 12.5 marks in merit and belongs to BPL category so far as the petitioner is concerned, she has secured only 10.64 marks in merit and the income certificate given by the petitioner was more than six months prior to the date of the advertisement and, therefore, she has been considered under APL category thus, there appears to be no illegality in the impugned selection. So far as the allegation of the petitioner that selected candidate Shivani is resident of some other Gram Sabha is concerned, a perusal of written instructions shows that an inquiry was conducted by the Tehsildar Sidhauli who has found that her income and domicile certificates have rightly been issued, copy of the report of Tehsildar Sidhauli is annexed along with the written instructions. In view of above, the petition being devoid of merits is accordingly dismissed. Order Date :- 21.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench