SMT. SEEMA Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-1-48
HIGH COURT OF UTTARAKHAND
Decided on January 06,2012

Smt. Seema Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) IT was declared that an Anganbari worker may be appointed at Tok Gahatiya Dewari, and that, any person, who is a resident of that area, may seek to be engaged as such Anganbari worker. Appellant and private respondent offered themselves to be engaged as such Anganbari worker. Private respondent was selected and thereupon, engaged. At this stage, appellant contended that the Scheduled Caste population in that area is more than majority and, accordingly, in terms of Government 's directions, only a Scheduled Caste candidate could be engaged as such Anganbari worker.
(2.) THIS issue was taken up by the appellant before the appellate authority. The appellate authority found, as a fact, that the Scheduled Caste population in that area is more than majority and, accordingly, only a Scheduled Caste candidate could be appointed as Anganbari worker for that area. While concluding thus, appellate authority directed appointment of the appellant on the ground that she is a member of Scheduled Caste community. The appellate authority totally failed to take note of the fact that no search was made to find the best candidate, belonging to Scheduled Caste community, for being engaged as Anganbari worker, for an area where only a Scheduled Caste candidate could be so appointed. This was highlighted by the private respondent by filing a writ petition and the said contention has been accepted by the Hon 'ble Judge by the judgment and order under appeal. We think that in as much as no effort has been made to find best amongst the Scheduled Caste candidates by giving them appropriate opportunity to participate in the selection process, the appellate authority could not direct appointment of the appellant. We, therefore, do not interfere with the judgment and order under appeal, by which an interference has been made to the appointment of the appellant, but at the same time, direct the State Government and its agencies to take steps to engage a member of the Scheduled Caste community as Anganbari worker of the area in question after giving opportunity to the members of the Scheduled Caste community, residing within the area, for being so engaged.
(3.) WITH the observation as above, we dispose of the appeal.;


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