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2009 DIGILAW 699 (JK)

Rasool Fatima v. State Of J. &K.

2009-12-31

J.P.SINGH

body2009
1. The petitioners, Rasool Fatima, Naseem Akhter and Farida Begum, have filed this Petition seeking issuance of a Writ of Certiorari to quash the selection and appointment of Sajda Bukhari, respondent no.4 as Anganwari Worker for Anganwari Centre Mohalla Jabrran Ward No.1, ICDS Project, Mendhar, Tehsil Mendhar of District Poonch, primarily on the ground that respondent no.4, being a resident of Ward No.3, Baidhara Gursai Sar Tehsil Mendhar District Poonch, a Mohalla other than the one where Anganwari Centre was required, was not entitled to selection and engagement as Anganwari Worker. 2. The State-respondents response to the Writ Petition is that the selection process for the notified Anganwari Centre could not be finalized because of the inquiry initiated by the respondents, on the petitioners representation that respondent no.4 did not belong to Panch Ward No.1, Mohalla Jabrran. 3. According to the respondents, respondent no.4, a resident of Ward no.1, as intimated by the Secretary Panchyat and the Block Development Officer, Mendhar, had been included in the Tentative Select List. 4. Questioning the maintainability of the petitioners Writ Petition, respondent no.4 says that the petitioner no.1, being a resident of Gandhi Nagar, Jammu was disentitled to maintain the Writ Petition to question the selection of respondent no.4, who was meritorious, besides being a resident of Ward No.1, Mohalla Jabbrran Gursai Sar, where the Anganwari Centre was located. 5. In view of the stand, which, the official respondents have taken in the case indicating that the respondents had not taken any final decision on the selection of Anganwari Worker for Anganwari Centre Mohalla Jabrran, Gursai Sar, the factual issue raised by the petitioners in the Writ Petition that respondent no.4 was not a resident of Ward No.1 Mohalla Jabrran and thus disentitled to seek selection and engagement as Anganwari Worker, cannot be adjudicated upon by this Court, in that, this exercise is required to be done by the fact finding body of the respondents who are expected to take appropriate decision in regard to the selection of the Anganwari Worker after satisfying themselves as to the residence of respondent no.4. 6. No case for admission of the petitioners Writ Petition has, thus, been made out in the absence of any final decision taken by the respondents for the selection and appointment of Anganwari Worker for Anganwari Centre Mohalla Jabrran, Gursai Sar. 7. This Petition is, accordingly, dismissed.