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2025 DAILYLAW 153119 (ALL)

SMT. ROSHANI BIND v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 4 OTHERS

WRIA/8054/2025 · 2025-07-24

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42437 Court No. - 18 Case :- WRIT - A No. - 8054 of 2025 Petitioner :- Smt. Roshani Bind Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Dharmendra Kumar Tiwari,D.P. Dutt Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Notice to opposite party no.5 is hereby dispensed with. 3. Present petition has been filed challenging the selection dated 21.06.2025 on the post of Accredited Social Health Activist so far as it relates to village Skekhpur Palivari, Bolck-Bhiyawan, District Ambedkar Nagar. Further prayer for consideration of petitioner for appointment on the said post has also been sought. 4. It has been submitted that petitioner had applied for the said post in pursuance of advertisement and has been unfairly denied appointment on the said post while selecting opposite party no.5. It is submitted that opposite parties have completely ignored the fact that petitioner was working unofficially on the said post since 2021 and is a married lady of the same village with post graduation qualification, which has been ignored as well as the fact that she belongs to backward class. 5. Mr. Diwakar Singh, learned State counsel has, however refuted submissions advanced by learned counsel for petitioner with the submission that select list itself clearly indicates the fact that petitioner was placed third in the select list, which has been brought on record and therefore she has rightly not been selected. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident from impugned select list that petitioner has been placed third in the select list for the aforesaid center having obtained 65% marks while the person selected had obtained 66% marks. Although the selected person is indicated at serial no.2 but the person indicated at serial no.1 has not approached this Court for her appointment and that aspect cannot be a consideration with regard to petitioner who is admittedly placed at serial no.3. 7. Learned counsel for petitioner has adverted to the fact that petitioner is a married lady of the same village, belonging to backward class and having post graduate degree but was unable to indicate any provision whereby preference is required to be given to petitioner for the aforesaid aspect. 8. In view thereof, this Court does not find any occasion to grant indulgence. The petition, therefore, is dismissed at the admission stage itself. Parties to bear their own costs. Order Date :- 24.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench