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2025 DAILYLAW 24611 (ALL)

SMT. SUMAN DEVI v. STATE OF U.P. AND 4 OTHERS

WRIA/3012/2025 · 2025-03-09

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35013 Court No. - 6 Case :- WRIT - A No. - 3012 of 2025 Petitioner :- Smt. Suman Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Autar Verma Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel, appearing for the State-respondents. 2. This petition has been filed seeking the following relief:- "(I) Issue a writ, order or direction in the nature of certiorari quashing the advertisement dated 13.11.2024 (Annexure No.9) issued by District Programme Officer, Bal Vikas, District Ghazipur/Respondent No.4, so far as it relates to the Anganwadi Workers of Anganwadi Centres Nauli (Unique Code Number 9195150802) and Aganwadi Centre Nauli at Gajarahi (Unique Code Number 9195150816), Child Development Project Rewtipur, District Ghazipur. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondents, to select and appoint the petitioner on the post of Anganwadi Workers either at the Anganwadi Centres Nauli (Unique Code Number 9195150802) or at the Anganwadi Centre Nauli at Gajarahi (Unique Code Number 9195150816), Child Development Project Rewtipur, District Ghazipur." 3. The contention of learned counsel for the petitioner is that the Government Order of 21 March, 2023, that has been enclosed as Annexure No.8 to the writ petition provides under clause-3 thereof that for the post of Aganwadi Karyakatri primacy would be accorded to filling 50% of the posts from Aganwadi Sahayika. However, the impugned advertisement dated 13 November, 2024 would have the effect of excluding the petitioner from being appointed under clause-3 of the aforesaid Government Order of 21 March, 2023. 4. The submission of the counsel for the petitioner does not appear to be correct inasmuch as he has not been able to point out any clause in the advertisement that provides for a method of selection that is not provided for in the aforesaid G.O. of 21.03.2023. As a matter of fact the directions contained in the aforesaid advertisement of 13.11.2024 themselves reflect that the proceedings would be taken in accordance with the procedure provided in a Government Order of 21.03.2023. Moreover, a perusal of clause-3 of the aforesaid G.O. of 21.03.2023 reflects that the selection to 50% of the vacant posts of Aganwadi Karyakatri is to be made from those Aganwadi Sahayika who fulfill the eligibility criteria. Therefore, the petitioner cannot claim automatic appointment under the aforesaid Government Order of 21.03.2023. Nothing has been demonstrated by the counsel for the petitioner that could enable him to sustain the challenge to the aforesaid advertisement. 5.This petition lacks merit and is therefore, dismissed. Order Date :- 10.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad