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Smt. Manoj Kumari v. State Of U.P. And Others - WRIT - A No. 50604 of 2006 [2006] RD-AH 15981 (13 September 2006)


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Court No. 38

Civil Misc. Writ Petition No. 50604 of 2006

Smt. Manoj Kumari


State of U.P.  and others

Hon'ble V.K. Shukla, J.

It has been contended by petitioner that in year 2005 one single post of Anganbadi Karyakartri and one single post of Anganbadi Sahayika were published. Petitioner has contended that she as well as Smt. Pushpa Devi  had applied for consideration of their candidatures against the post of Anganbadi Karyakartri. Smt. Pushpa Devi was shown at serial No. 1 and the petitioner at serial No. 2 in the select list. The candidature of Smt. Pushpa Devi is said to have been cancelled on the g round that her claim was based on forged documents. Thereafter, the claim of petitioner was liable to be considered for the post of Aanganbadi Karyakartri. Petitioner contends that same has not been done and fresh advertisement has been issued, wherein one Ashoka Kumari alias Ashoka Devi would apply and she would be selected. In this background, petitioner has approached this Court.  

Learned counsel for petitioner submits that once in the past applications had been invited, selection was held and list was prepared, then result ought to have been declared, as such second selection is vitiated in law.

Learned standing counsel, on the other hand, contended that earlier selection was cancelled, and fresh selection proceeding is being undertaken, as such there is no occasion to interfere with the same.

After respective arguments have been advanced, undisputed position which emerges is to the effect that in the past claim of Smt. Pushpa Devi, who was at serial No. 1 in the select list, had been cancelled on ground of her documents being found forged, and the proceeding was dropped. Thereafter authorities in their wisdom have undertaken fresh process of selection, and merely because some one would apply, her prospects would be better qua the petitioner and she may be selected, would not in any manner vitiate the selection proceeding.

Consequently, writ petition being devoid of substance, is dismissed.




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