- (1.) The petitioner has filed this writ petition challenging the order dated 12.3.2007, Annexure-5 to the writ petition whereby the appointment of the petitioner on the post of Anganwari Karyakatri has been cancelled and in her place the respondent no. 5 Smt. Ishrat Jahan has been appointed as Anganwari Karyakatri.
(2.) The facts of the case, briefly stated, are that an advertisement for the post of Anganwari Karyakatri was issued by the respondent on 6.12.2005. There were 26 posts of Anganwari Karyakatri and the 22 posts of Sahayika. The petitioner alongwith respondent no. 5 amongst others applied for the said post for village Suhawal District Ghazipur. In the Bal Vikas Pariyojna Reotipur village Suhawal, there was one post reserved for Scheduled caste candidate and one post was reserved for OBC. Against the post reserved for OBC category there were 7 applicants including the petitioner and the respondent no. 5. The petitoiner was found to be the most suitable candidate and selected. The claim of the respondent no. 5 was rejected on the ground that she was not a resident of village Suhawal District Ghazipur and that she had been married and was living in Varanasi. Subsequently the respondent no. 5 challenged her rejection on the ground that she was living separately from her husband at Suhawal and a case for maintenance was also pending against her husband and, therefore, she was under the guardianship of her father. Upon examination of the documents and spot inspection a report was given that she was living with her father and, therefore, her claim had been wrongly rejected. Accordingly by the impugned order dated 12.3.2007 the respondent no. 5 was selected for the post of Anganwari Karyakatri and by the same order the selection of the petitioner was cancelled.
(3.) I have heard Shri Sudeep Dwivedi, learned counsel for the petitioner and the learned standing counsel for the State respondents.;