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2025 DAILYLAW 42352 (ALL)

MAMTA DEVI v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/4823/2025 · 2025-04-21

Ajit Kumar

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61201 Court No. - 4 Case :- WRIT - A No. - 4823 of 2025 Petitioner :- Mamta Devi Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Jahnavi Singh,Kauntey Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Ms. Jahnavi Singh, learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution of India, petitioner has questioned the show cause notice dated 31.03.2025 issued to her on the ground that his EWS certificate is after the cut off date. 3. According to the petitioner, the cut off date as prescribed under the notification issued for the purposes of selection against the post of Anganwadi Karykatri was 06.04.2024, whereas, the petitioner had already applied for the EWS certificate on 01.04.2025 upon which endorsement marking was done by the Tehsildar on 03.04.2024 itself but ultimately it got issued on 13.06.2024. 4. Arguments have come to be advanced by learned counsel for the petitioner against the show cause notice are: (a) Petitioner having already applied for the EWS certificate on 01.04.2024 could not been non-suited only on the ground that EWS certificate was issued after the cut off date. In this regard, she has placed reliance upon the judgment of the Supreme Court in the matter of Surendra Chaubey v. UPSC & Ors., being Writ Petition (Civil) No.1123 of 2023. She has also placed reliance upon the authority of Supreme Court in the matter of Ram Kumar Gijroya v. Delhi Subordinate Services Selection Borad & Anr., being Civil Appeal Nos.1691-1694 of 2016 (arising out of SLP (C) Nos.27558 of 2012 decided on 23.02.2016. (b) Petitioner having got married the relevant certificate will be of the husband's certificate and that was why she needed to apply afresh and, accordingly, her candidature could not be non-suited. 5. Learned Standing Counsel on the contrary submits, since the petitioner has already been issued with show cause notice, it would be more appropriate that the petitioner submits reply to the same and wait for final decision. 6. Learned counsel for the petitioner at this stage submits that the petitioner has already submitted reply to the show cause notice on 05.04.2025 which is still pending consideration before the Child Development Project Officer, Tilhar, Shahjahanpur. 7. Accordingly, this petition stands disposed of with the direction to Child Development Project Officer, Tilhar, Shahjahanpur to dispose of the matter of show cause notice issued to the petitioner on 31.03.2025 giving due consideration to the points raised in her representation and the authorities cited before the Court referred to hereinabove. The appropriate decision shall be taken by the authority within a maximum period of 6 weeks from the date of production of certified copy of this order. 8. It is further provided that no selection against the post of Anganwadi Karyakatri shall be finalized pursuant to the notification dated 15.03.2024 prior to the decision to be taken by the authority as directed hereinabove. Order Date :- 22.4.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad