Suby Jan vs State and Others

Mansoor Ahmad Mir, Judge

Respondents 1-5 issued advertisement notice for appointment of Angan Wari Workers against the posts available at various Angan Wari

Centres including at Mohalla Manzmalla, Litter in terms of annexure PA, PB of the writ petition.

Petitioner and other candidates accordingly applied, and selection of one Tahira Akhter wife of Nazir Ahmad R/o Rakhi Litter was made which

was questioned by the writ petitioners-Suraya Jan and Suby Jan through the medium of writ petitions bearing Nos. 172/2009 and 1007/2009

respectively.

During the pendency of said writ petitions, the official respondents examined the case and found that Tahira Akhter is lower in merit as

compared to respondent No. 6 and accordingly cancelled the selection of Tahira Akhter and selected and appointed Suraya Jabeen vide Order

No. CDPO/ICDS/Pul/09/2278-80 dated 20th of February, 2009 and in consequence whereof both the writ petitions became infructuous and

came to be rightly dismissed as such vide judgment and order dated 23.09.2011 while as this writ petition was heard and reserved on the same

date. In this writ petition the petitioner has questioned the selection of Suraya Jan on the ground that petitioner is meritorious and belongs to

Mohalla Manzrata while as respondent No. 6 is hailing from Rakh Litter and is inferior in merit.

Official respondents as well as private respondents have filed reply and resisted the petition on the ground that the respondent No. 6 is the only

eligible candidate and is hailing from Mohalla Rakh Litter. Further they have staled that panch constituency Mahra is bifurcated in three

constituencies' 117A, 117B and 117C. Respondent No. 6 hails from Ward 117B while as writ petitioner is hailing from Ward 117C. Further it is

stated that writ petitioner has made a representation with Secretary Social Welfare Department-respondent No. 1 and had admitted therein that

she hails from Ward 117C. The Angan Wari center was created for Ward 117B and official respondents have admitted and acknowledged this

fact. Further they have stated that District Programme Officer ICDS Pulwama-respondent No. 4 had made a communication to respondent No. 2

wherein, it is admitted that Angan Wari Center was created for Ward No. 117B and not for Ward No. 117 C and has made a recommendation

that Center may kindly be sanctioned for ward 117C so that the grievance of the petitioner is redressed.

It is apt to reproduce the relevant portion of the representation made by Suby Jan to respondent No. 1-Annexure P1.

Keeping in view the above, it is very humbly requested that my genuine request may very kindly be adhered to and if not cancelled the selection of

Suraya Jabeen (lower merit holder) of 117-B, I may be considered for 117 C.

It is also profitable to reproduce relevant portion of the communication made by Child Dev. Project officer, ICDS Pulwama:

In the meanwhile the complainant namely Suby Jan who as per the merit list tops the list has been dropped. The said complainant resides in punch

constancy No. 117-C and the then CDPO has issued engagement order in favour of Tahira Akhter after getting punch constituency certificate from

BDO concerned. Pertinent to mention that Manzrak constitutes of PL. No:-117/A, B, C of Village Rakh Litter having three existing Anganwadi

Centre's thereby leaving 117/C punch constituency still uncovered, because 117-B has two Anganwadi Centre's. It is as such proposed that an

Anganwadi Centre for the said location may kindly be sanctioned so that the aggrieved complainant is accommodated as per norms.

What transpires from the perusal of the above quoted material is that the Angan Wari Center is created for Ward 117-B and not for 117-C

where the petitioner resides. This fact is enough to show petitioner the door and has rightly been left out.

In this given circumstances, the writ petition fails and is dismissed along with all CMPs. Interim direction, if any, shall stand vacated.