High Court of Judicature at Allahabad
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Smt. Sarita Devi v. State Of U.P. And Others - WRIT - A No. 2082 of 2007  RD-AH 963 (15 January 2007)
Court No. 38
Civil Misc. Writ Petition No. 2082 of 2007
State of U.P. and other
Hon'ble V.K. Shukla.J.
Petitioner had applied for consideration of her candidature as Aanganbari Karyakatri. Smt. Awadh Sri has also applied for consideration of her candidature. It has been contended that respondents have not appended her income certificate alongwith application form. Petitioner has contended that she was selected but on the complaint being made an inquiry has been conducted and her selection has been sought to be cancelled and recommendation has been made in favour of Smt. Awadh Sri.
At the point of time when the matter has been taken up the fact on which counsel for the petitioner Sri Sanjeev Kumar Tripathi, has conceded is that neither petitioner nor Smt. Awadh Sri are from below poverty line category. This fact has also conceded by the petitioner that merit of Smt. Awadh Sri and petitioner is one and the same and Smt. Awadh Sri has been offered appointment as Smt. Awadh Sri is senior in age to the petitioner.
Once this fact has been admitted that merit of petitioner and Smt. Awadh Sri is one and the same then as per Government order dated 16.12.2003 age is relevant factor and preference has to be given to the incumbents who is senior in age.
Consequently there is no infirmity in the opinion which has been formed and there is no occasion to issue any writ or direction on the admitted position.
Consequently present writ petition is dismissed.
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