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2025 DAILYLAW 150521 (ALL)

RAM DULARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BAL VIKAS EVAM PUSHTAHAR YOJNA LKO. AND 4 OTHERS

SPLAD/293/2025 · 2025-07-11

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39595-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 293 of 2025 Appellant :- Ram Dulari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Bal Vikas Evam Pushtahar Yojna Lko. And 4 Others Counsel for Appellant :- Dinesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Order on C.M. Application No. 1 of 2025 1. The present intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is delayed by 6 days. 2. The appellant has filed an application seeking condonation of delay duly supported with an affidavit. 3. Reasons in detail have been spelt out in the affidavit filed in support of delay condonation application to which there is no objection. 4. In absence of any objection and the cause shown being sufficient, the application is allowed and the delay in filing the present intra court appeal is condoned. Order on Appeal 5. Heard learned counsel for the appellant and learned Standing Counsel for the State. 6. The present intra court appeal is directed against the judgment/order dated 15.5.2025 passed by the writ court in Writ A No. 5057 of 2025 whereby the writ petition instituted by the appellant has been dismissed. 7. It is admitted case of the appellant that her income certificate having been found forged has come to be cancelled, thus, her participation in the selection as a candidate under Below Poverty Line(BPL) category was invalidated. 8. It is under this circumstance that the other category candidates in the zone of selection were considered. Insofar as the selection of Anganwadi Karykatri is concerned, the same has been made from amongst the candidates falling under the Above Poverty Line(APL) category for which the income certificate was of no relevance. The respondent no. 5 who had obtained 5.5 points under the APL category was selected by the selection committee and has been appointed. The respondent no. 5 is stated to have joined the service on 23.4.2025. 9. Challenge to the order passed by the writ court on due consideration of the matter and looking the government order applicable as regards selection, the appellate proceedings do not call for any interference in the order passed by the writ court. 10. Thus, the intra court appeal being bereft of any merit is accordingly dismissed. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 11.7.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench