AYUSHI MISHRA v. STATE OF U.P. THRU. SECY. BAL VIKAS PUSHTAHAR LKO. U.P. AND 5 OTHERS
/13861/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176366 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176366 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13861 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and Ms. Deepshikha, learned Chief Standing Counsel appearing on behalf of the opposite parties 1 to 5. Notice to opposite party no.6 stands dispensed with. 2. Present petition under Article 226 of Constitution of India has been filed challenging merit list dated 29.07.2025 whereby opposite party no.6 has been appointed on the post of Anganwadi Worker for the Centre concerned. Further concomitant prayers including quashing of appointment of opposite party no.6 has also been sought. 3. It has been submitted by learned counsel for petitioner that petitioner's candidature has been rejected on ground that domicile certificate could not be verified on the portal. It is therefore submitted that petitioner cannot be penalized for fault on part of opposite parties who should have verified domicile certificate of petitioner. It is also submitted that petitioner has more merit marks than opposite party no.6. 4. Learned State Counsel has been provided written instruction dated 28.11.2025, a copy of which is taken on record and submits that petitioner had applied under the 'Above Poverty Line' category (unreserved) whereas opposite party no.6, Smt. Pratibha, wife of Rohit Kumar has been selected since she was granted preference as a candidate under 'Below Poverty Line' category. Versus Counsel for Petitioner(s) : Ashutosh Dhar Dubey, Roshani Pandey Counsel for Respondent(s) : C.S.C. Ayushi Mishra .....Petitioner(s) State Of U.P. Thru. Secy. Bal Vikas Pushtahar Lko. U.P. And 5 Others .....Respondent(s)
5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, the aspect of opposite party no.6 being under 'Below Poverty Line' category while petitioner being under 'Above Poverty Line' category is also corroborated by reply provided to petitioner vide letter dated 05.05.2025 under the Right to Information Act and appended as Annexure-10 to writ petition. 6. It is also evident from a perusal of Government Order dated 21.03.2023 that para no.3 thereof clearly provides preference to candidates applying under the 'Below Poverty Line' category vis-a-vis those who apply under 'Above Poverty Line' category. 7. In view of aforesaid facts and circumstances, the aspect of domicile of petitioner becomes irrelevant once admittedly opposite party no.6 has been selected under 'Below Poverty Line' category. 8.
In view of aforesaid discussion, this Court is disinclined to grant any indulgence. The petition therefore fails and is dismissed at the admission stage itself. December 2, 2025 kvg/- WRIA No. 13861 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench