BAIJANTI DEVI Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) This writ petition has been filed under Art. 226 the Constitution of India for seeking a direction to the respondents for revising the order of appointment on the ground that the appointment of respondent No. 6 on the post of Anganbari Sevika is illegal and arbitrary and further sought prayer for the appointment of the petitioner on the post of Anganbaii Sevika.

(2.) In substance, the petitioner's case is that petitioner was an applicant before the aam sabha for being appointed on the post of Anganbari Sevika and her name was not considered. She was highly qualified but the respondent No. 6 was considered by the aam sabha and consequently, she was appointed by the authority.

(3.) In the counter-affidavit it is stated in paragraph-12 that in aam sabha, Rita Devi and Baijanti Devi were not the BPL (below poverty line) card holders as no document was produced by them and therefore, selection was to be made from amongst rest of the three candidates who had applied for the said post. Thus, it is apparent from the counter- affidavit that the petitioner was excluded from the zone of consideration by the aam sabha.