- (1.) Heard learned counsel for the petitioner, learned Standing Counsel for the opposite party Nos. 1 to 6 and Dr. Rajesh Kumar Srivastava, Advocate appearing for the opposite party No. 7.
(2.) By means of the present writ petition, the petitioner has prayed for a writ in the nature of certiorari calling for the records of the case and quash the impugned order dated 04.07.2011 (annexure No. 12 to the writ petition) passed by respondent No. 5 and an alternative prayer has been made for direction in the nature of mandamus commanding the respondents to allow the petitioner to continue on the post of Assistant Aganwari worker which she held before her appointment to the post in question.
(3.) Brief facts of the case in hand are that the petitioner was initially appointed on the post of Assistant Aganwari Worker vide appointment letter dated 18.09.2005 issued by respondent No. 5 at the Aganwari Centre Malik Dhuraita and she had worked there for more than five years. As per the Government Order dated 06.12.2006, 25% of the vacant posts of Aganwari worker were to be filled up from Assistant Aganwari Worker who had worked for a period of 5 years, however, by an amendment dated 25.06.2007, the period of 5 years was reduced to 2 years. By an advertisement dated 13.12.2010 the post of Aganwari Workers and Assistant Aganwari Workers were published. In pursuance of same, the petitioner having requisite experience for the appointment under 25% quota reserved for Assistant Aganwari Workers has applied on 28.12.2010 for the post of Aganwari worker. As per advertisement out of 54 vacant posts of Aganwari Workers 12 posts was reserved for the candidate belonging to SC/ST, 15 posts for OBC and the remaining 27 posts in general category. As per reservation policy, the village Malik Dhuraita was reserved for general category. The respondent No. 7 has also applied for the post of Aganwari Worker from her village Malik Dhuraita. The selection to the said post was to be held on merit on the basis of the quality point marks awarded in the High School and Intermediate Examinations. The petitioner obtained 5 marks and was selected on the basis of merit. The respondent No. 7 on the other hand, obtained 4 marks and was not selected. The petitioner accordingly, after selection was given appointment on the post of Aganwari Worker vide appointment letter dated 28.02.2011 issued by respondent No. 5 (annexure No. 5 to the writ petition). Thereafter the petitioner joined her duties on 03.03.2011 on the said post and since then she is continuously working and receiving the honorarium of Rs. 1500/- per month.;