Radha Prajapat W/o Mukesh Prajapat v. State of Rajasthan Through Chief Secretary, Govt. Secretariat
2017-01-17
AJAY RASTOGI
body2017
DigiLaw.ai
Judgment : 1. The circular came to be issued by the respondents dt.23.07.2015 (Annex.2) laying down the broad guidelines in holding selections for the post of Anganbadi Worker, Assistant and other posts with their procedure of selection, termination, leave and other service disputes. 2. For the post in question apart from the academic qualifications, there are other conditions which are prescribed for appointment in Urban/Rural area with one rider that the candidate who is to be finally selected as far as possible may be of jurisdictional area of the Anganbadi Center. The petitioner being eligible also participated in the process initiated for the post of Assistant for the Gram Panchayat Saankotda, Anganbadi Center. 3. It reveals from the record that initially there were four applications received by the authority to be sent to the Gram Panchayat Saankotda vide letter dt.21.04.2016 (Annex.5) but before it could be delivered, it appears that it was brought to notice that there is one more application left out of one Rekha Sharma and on the original letter with a note put by the authority, as being revealed from the same document dt.21.04.2016 (Annex.4), all the five applications were sent and they have participated in the process and Rekha Sharma was finally selected based on her qualification and other relevant document furnished by her as Assistant for the Village Patalwas, Gram Panchayat Saankotda. 4. The grievance of the petitioner is two-fold. Counsel submits that the candidate who was finally selected has not filled the application at the relevant point of time when the process was initiated and her name has been later on included in the list of candidates who have participated in the process of selection, as being revealed from Annex.4 dt.21.04.2016. 5. Counsel further submits that from her marriage certificate, which is on record, she is not residing in the jurisdictional area of the place i.e. Village Patalwas, Gram Panchayat Saankotda and that is the reason her selection is not in conformity with the guidelines which have been circulated by the respondents dt 23.07.2015 (Annex.2). 6.
5. Counsel further submits that from her marriage certificate, which is on record, she is not residing in the jurisdictional area of the place i.e. Village Patalwas, Gram Panchayat Saankotda and that is the reason her selection is not in conformity with the guidelines which have been circulated by the respondents dt 23.07.2015 (Annex.2). 6. Both the submissions made are wholly bereft of merit for the reason that Annex.4 & 5 are the same document dt.21.04.2016 with dispatch No.405 and it appears that before it could be physically sent to the Gram Panchayat to initiate the process application of Rekha Sharma was also received remain unattended and with a specific note of the CDPO, Jamvaramgarh all the five applications to the Gram Panchayat to initiate the process of selection and that can be taken note of by this court as endorsed on the letter dt.21.04.2016 (Annex.4) at page-38 and this court finds no error in the decision of the authority in accepting the application and permitting the additional candidate to participate in the selection. 7. As regards the submission made that the selected candidate is not residing in the jurisdictional area of Village Patalwas, Gram Panchayat Saankotda, as reveals from her marriage certificate and is not eligible to participate in the selection process. The submission made is without substance for the reason that these are the broad guidelines issued by the authority dt.23.07.2015 (Annex.2) and are not the statute and appointments are made on honorarium and to maintain transparency in the process, broad guidelines have been published and the candidate who has been finally selected belongs to the jurisdictional area or not is a question of fact which cannot be examined by this court within the limited scope of judicial review under writ jurisdiction of this Court u/Art.226 of the Constitution. 8. After having heard counsel for the petitioner, this court finds no substance in the submission made. 9. Consequently, the instant writ petition being devoid of merit, accordingly stands dismissed.