Jammu and Kashmir High Court
SWP/2204/2009 of DIMPAL KUMARI Vs STATE TH.SOCIAL WELFARE DEPTT AND ORS on 30 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 2204/2009 Pronounced on: 30.12.2022 Dimpal Kumari …. Petitioner/Appellant(s) Through:- Mr. Babu Ram Sharma, Advocate V/s State and others …..Respondent(s) Through:- Mr. Suraj Singh, GA CORAM: HON’BLE MRS. JUSTICE SINDHU
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SWP No. 2204/2009
Pronounced on: 30.12.2022
Dimpal Kumari
…. Petitioner/Appellant(s)Through:- Mr. Babu Ram Sharma, Advocate State and others
V/s
…..Respondent(s)
Through:- Mr. Suraj Singh, GA
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
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JUDGMENT
01. In this petition, the petitioner seeks a direction to the respondents to select her as Anganwadi Worker for Ward No. 6, Village Bhagran B, Panchayat Karool, ICDS Project/ Block Dharbahalla, Tehsil and District Kishtwar as per the selection list and on the basis of interview conducted by respondent No. 5 on 10.06.2008. A direction is also sought to the respondents for not making any engagement on the basis of fresh applications in the aforesaid ICDS Project/Centre without considering the earlier selection process or considering the application of the petitioner for the post.
02. The petitioner being a resident of Village Bhagran B, Tehsil and District Kishtwar and also belonging to the schedule caste category applied for the post of Anganwadi Worker for Anganwadi Centre Bhagran-B, Ward No. VI, Panchayat Karool, ICDS Project/ Block Dharbahalla, Tehsil and District Kishtwar.
The application form of the petitioner was entertained and she was called for interview which was conducted on 10.06.2008. The selection process for the aforesaid post was not completed and fresh applications for the said post were invited. The petitioner is aggrieved of the fresh advertisement notice and engagement as an Anganwadi Worker, on the ground that she was the only meritorious candidate possessing the requisite qualification, as such, was entitled to be selected. The respondents instead of selecting her have invited fresh applications with mala fide intention to adjust some blue eyed person of their own choice. This action of the respondents to issue a fresh advertisement notice is illegal, arbitrary, and, as such, the petitioner seeks quashing of the same.
03. The respondents have stated in their objections that the petitioner not being a resident of the ward for which the post of Anganwadi worker was advertised was ineligible.
04. Vide advertisement notification bearing number DIP/J-662 dated 30.04.2008, the applications were invited from eligible female candidates for engagement of Anganwadi Workers on honorarium basis for various Anganwadi centres in the Panch Constituency (Rural) Ward (Municipal areas) of ICDS Project Drabshalla, District Kishtwar. The petitioner being eligible also applied for the post in Anganwadi Centre Bhagran-B, Ward No. VI of Panchayat Karool-C. The application form of the petitioner along with others was also accepted and she also appeared in the interview. However, during the selection
05.
06. process, it transpired that the petitioner is a resident of Ward No. IV, as such, was ineligible to compete or be selected for the post of Anganwadi worker in Anganwadi centre Bhagran-B, Ward No. VI of Panchayat Karool-C. As no eligible candidate had applied for the aforesaid post, as such, the post was withdrawn and re-advertised by the Department. The petitioner being an actual resident of Ward No. IV, village Bhagran was not eligible for the post of Anganwadi worker in Anganwadi centre Bhagran, which is at Ward No. VI. It was only after the perusal of her documents, it became apparent that she is ineligible as she does not belong to the said ward.
The residence certificate of the District Social Welfare Officer, thus, vide order dated 03.09.2009, re-advertised the post of Anganwadi worker under different ICDS projects which also included the one at Village Bhagran B, Panchayat Karool, ICDS Project / Block Drabshalla, Tehsil and District Kishtwar. The petitioner was also verified by Block Development Officer, Drabshalla, who verified that the petitioner was actual resident of Ward No. IV, Village Bhagran B, Panchayat Karool, Tehsil and District Kishtwar.
Since the selection process had not culminated and it was during the verification process, the residence of the petitioner became clear that she is not an actual resident of the area where the Anganwadi post was advertised, therefore, the entire process was withdrawn and post was advertised afresh.
07. It is a settled proposition of law that the candidate has only right of participation and cannot seek his/her selection. Since no eligible candidate had applied for the post of Anganwadi worker, therefore, the respondents rightly advertised the post afresh. The petitioner not being a resident of the area cannot be aggrieved of the same.
08. The petitioner having failed to meet the eligibility criteria in terms of residence for the post of Anganwadi Worker in Anganwadi Centre Bhagran ,Ward No. VI, Village Bhagran-B, Panchayat Karool, therefore, cannot claim that the same may not be re-advertised.
09. In view of the aforesaid, there is no merit in this petition and the same is, accordingly, dismissed.
JAMMU 30.12.2022 Vishal
(Sindhu Sharma)
Judge
Whether the judgment is speaking : Yes/No Whether the judgment is reportable : Yes/No