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2026 DAILYLAW 861 (UTT)

MAMTA DEVI v. STATE OF UTTARAKHAND

WPSS/2344/2025 · 2026-01-02

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:29 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2344/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Niranjan Bhatt, Advocate for the petitioner. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand / respondents. 3. According to the petitioner, in a selection for appointment as Anganwadi Sahayika, she stood second in order of merit. It is further her case that the candidate, who stood first in the selection, is not willing to accept appointment. Thus, petitioner has sought a direction to the authorities to consider her claim for appointment, as the candidate who stood first in the merit list, is unwilling to accept appointment. 4. Learned State Counsel, however, refers to Annexure-7 to the writ petition, for contending that Ms. Vibhuti Priya, who stood first in the selection, tendered resignation. Learned State Counsel thus submits that once the candidate recommended for appointment accepts joining, then the candidate, who is placed at serial no. 2 in merit list, has no right of appointment and the resultant vacancy has to be re-notified. 5. Learned counsel for the petitioner, however, submits that Ms. Vibhuti Priya did not accept appointment, therefore, there is no question of her tendering resignation from the post of Anganwadi 2026:UHC:29 Sahayika. 6. Be that as it may, since there is no clarity as to whether Vibhuti Priya, in fact, accepted joining and thereafter tendered resignation or not, therefore, the ends of justice would be served, if petitioner is permitted to make representation to the competent authority. 7. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the competent authority. If she makes representation within one week from today, the competent authority shall look into the matter and pass appropriate decision, as per law, without four weeks thereafter. (Manoj Kumar Tiwari, J.) 02.01.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4 e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D 095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.01.02 16:53:57 +05'30'