MEENA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ petition for holding and declaring the selection process of Anganbari Sebika held on 24.12.2002 persuant to the notice dated 12.12.2002 as contrary to the guideline/instructions dated 6.12.1995 of the Welfare Department and further to cancel the appointment letter issued in favour of the guideline of the State Government ignoring better claim of the petitioner.

(2.) The case of the petitioner is that she applied on 16.12.2002 in the office of C.D.P.O.P. Pallgani, Patna against the notice dated 12.12.2002 published on the notice board braving for selection of the eligible candidate for the post of Anganbari Sabika for Chandhos Gram Panchayat. The petitioner claims that only she has requisite qualification. She being the widow has better right to be selected for the said post. The petitioner and others appeared for the interview but Kumari was selected although according to the petitioner she being a widow she was required to be given preference in appointment over respondent No. 9, Smt. Sumiti Kumari.

(3.) The petitioner in support of her contention has sought to relied upon the guidelines dated 6.12.1995 issued by the Social Welfare Directorate of the Welfare Department particularly condition No. 5 which states that a widow/abandoned woman is to be given preference in appointment. However the said contention does not take into account condition No. 1 which states that although the minimum qualification for appointment of matric fail yet a better candidate with a higher academic qualification could not be given preference. Thus, from the said two provisions it is clear that preference. Thus, from the said two provisions it is clear that preference to a widow could only have been given if she came in category of those who possessed the higher qualification. In the present case admitted fact is that the petitioner is matriculate when the respondent No. 9 is Intermediate pass.