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J&K High Court · body

2013 DIGILAW 396 (JK)

Shamim Akhter v. State

2013-07-12

TASHI RABSTAN

body2013
1. In the year, 2010, respondent No. 4 issued Advertisement Notice, by virtue of which, the applications from the eligible female candidates for engagement as Anganwari Worker for Anganwari Center in ICDS Project, Ramban were invited. In the said Notification, one post of Anganwari Worker for Anganwari Center, Gagwan Ward No. 6/Hamlet of Panchayat Halqa Dundrath-C was also advertised. The eligibility conditions laid down in the Advertisement Notice were as under:- (i) The applicant must be permanent resident of the State. (ii) Minimum qualification should be Matric and in case no matriculate was available, middle pass candidate should be considered; (iii) A candidate must be in the age group of 18-44 years as on 01.01.2010; and (iv) Only the candidates residing in the concerned Hamlet should be eligible to apply where Anganwari Center is located, etc. 2. It is also provided in the Advertisement Notice that the candidates should enclose, among others, the proof of residence of the concerned Hamlet where the Anganwari Center is located. 3. It is contended by the petitioner that the post of Anganwari Worker for Anganwari Center, Gagwan (Notan) was reserved for Scheduled Tribe Candidate and the petitioner belongs to said category. It is further contended that petitioner being eligible both on the basis of qualification as well as belonging to Scheduled Tribe Category, submitted her application form for the post of Anganwari Worker in Anganwari Center, Gagwan (Notan). It is also contended that respondent no.6 is the resident of Ward No. 4 Bagna of Panchayat Halqa Dundrath-C, but, said respondent in connivance with her parents got her name reflected in the voter list of Ward No. 6. It is contended that on the basis of aforesaid manipulation, respondent no.6 also applied for the post of Anganwari Worker for Anganwari Center, Gagwan (Notan). Subsequently, revision of voter list was made in which name of respondent No. 6 as also of her parents were deleted from the voter list of Ward No. 6. Accordingly, they were included in the voter list of Ward No. 4 (Panch Constituency Bagna). It is also contended that on the basis of cancellation of their names from Ward No. 6, residence certificate of respondent no.6 should have been cancelled by the official respondents, but, the same was not cancelled, compelling the petitioner to serve a legal notice upon the official respondents. It is also contended that on the basis of cancellation of their names from Ward No. 6, residence certificate of respondent no.6 should have been cancelled by the official respondents, but, the same was not cancelled, compelling the petitioner to serve a legal notice upon the official respondents. It is contended that despite serving legal notice, ward certificate issued in favour of respondent no.6 has not been cancelled rather she was considered in the selection process. 4. Being aggrieved, the petitioner has filed the instant petition on the grounds taken in it. The petitioner seeks quashment of residence certificate issued in favour of respondent no.6 pertaining to Ward no.6 and further writ of mandamus commanding respondents 1 to 5 to select and appoint the petitioner as Anganwari Worker in Anganwari Center Gagwan/Ward No. 6 of Panchayat Halqa Dundrath-C. Petitioner further sought writ of prohibition restraining respondents 1 to 5 from selecting and appointing respondent No. 6 as Anganwari Worker in Anganwari Center Gagwan/Ward No. 6. 5. Upon notice, respondents have filed the reply. Respondents 1 to 5 in their reply have submitted that petitioner is the resident of Ward No. 6 Gagwan(Notan) of Panchayat Halqua Dhandrath-C and the post was not reserved for any category as there is no such provision for reservation of the posts of Anganwadi Worker in Govt. Order No. 07 of 2010 dated 18.091.2010. It is further contended that both the petitioner as well as respondent no.6 were eligible for the post of Anganwadi Worker, Gagwan (Notan) Ward No. 6. They, however, have admitted that respondent No. 6 is the resident of Ward no.6 as per the ward certificate issued by the Block Development Officer, Ramban at the time of Advertisement Notice and they have no information about the deletion of her name from the Voter List as alleged in the writ petition. It is submitted that father of petitioner had submitted objection regarding ward certificate of respondent No. 6, as such, respondent No. 4 has withheld the selection of respondent No. 6 as Anganwadi Worker in Anganwadi Centre, Gagwan (Notan) Ward No. 6. 6. Respondent No. 6 in her reply submitted that the petitioner is not the resident of Ward No. 6. It is further contended that she (respondent No. 6) belongs to Ward no.6 and is eligible for being appointed on the said post. 6. Respondent No. 6 in her reply submitted that the petitioner is not the resident of Ward No. 6. It is further contended that she (respondent No. 6) belongs to Ward no.6 and is eligible for being appointed on the said post. It is further contended that in order to deprive the answering respondent from getting appointment, at the instance of petitioner, name of answering respondent was excluded from the voter list of W.No.6. She filed application before the Tehsildar, Ramban, who obtained the report from the concerned official, in which, it was found that certificate earlier issued in favour of respondent no.6 on 29.07.2010 was correct, so there was no question of cancellation of said certificate as the same was issued in accordance with law. 7. Heard learned counsel for the parties and perused the record. 8. The dispute in this petition relates to the residence of petitioner as well as of respondent no.6 where the post of Anganwari Worker was advertised. The facts are not in dispute that both the petitioner as well as respondent no.6 applied for the post in question. The petitioner contends that respondent no.6 is not the resident of Ward no.6 whereas respondent no.6 contends that petitioner is not the resident of Ward no.6. Though, official respondents have submitted in their reply that both the petitioner as well as private respondent are residents of Ward No. 6. 9. Learned counsel for petitioner has disputed the residence of respondent No. 6 in Gagwan (Notan) Ward No. 6 by placing reliance on the documents attached with the writ petition. However, learned counsel for the respondent No. 6 disputes this argument of the learned counsel for the petitioner and submits that respondent No. 6 belongs to Ward No. 6 and has topped in overall merit. Respondent No. 6 has secured 53.63 points whereas the petitioner has secured only 42.42 points. 10. In view of the short controversy involved in this petition, I deem it proper to direct Dy. Commissioner, Ramban to get the issue of residence of petitioner as well as of respondent No. 6 enquired into, which was existing at the time of issuance of Advertisement Notice. 10. In view of the short controversy involved in this petition, I deem it proper to direct Dy. Commissioner, Ramban to get the issue of residence of petitioner as well as of respondent No. 6 enquired into, which was existing at the time of issuance of Advertisement Notice. The Deputy Commissioner shall afford opportunity of hearing to the petitioner as well as to respondent No. 6 and shall also entertain and consider the documents which they may produce in support of their respective claims, and after making an enquiry, shall return finding thereon. The Deputy Commissioner shall complete enquiry within a period of one month from the date, copy of the order is served upon him. The Deputy Commissioner, Ramban shall thereafter forward the finding of the enquiry report to the concerned authorities of Social Welfare Department, which shall proceed in the matter in accordance with the Government orders occupying the field and taking note of the finding returned by the Deputy Commissioner, and select and appoint eligible candidate within one month thereafter. Till then interim direction dated 08.07.2011 shall remain in force. 11. Disposed of as above along with connected CMA(s), if any.