JUDGEMENT
SHUKLA KABIR, J. -
(1.) This Writ petition has been filed by the writ petitioner being
aggrieved and dissatisfied with the gross violation of natural justice, inaction by
the Respondent Authorities for not granting appointment to the petitioner in an
arbitrary manner.
(2.) The writ petitioner had passed Madhyamik Examination and is
a resident of Village- Hijoltala within the area of
Dhuliyan Municipality, P.O.- Samsergang, District- Murshidabad. The
Samsergang Child Development Project Officer had issued an advertisement on
6th July 2006, inviting application from women under the Dhuliyan Municipality
areas for the post of Anganwari Karmee. In the said Advertisement, the
conditions and guidelines regarding the eligibility criteria was given. The age of
the applicants was to be from 18 to 45 years on 1.7.2006 and their educational
qualification was to be Madhyamik pass but candidates having graduate
qualifications were not eligible. For appointment of Anganwari Karmee both
written and oral test and interview was to be held and women from the area of
Dhuliyan Municipality were eligible to apply for the said post. This was the
guideline stated in the advertisement. About 540 candidates including the writ
petitioner applied for the post of Anganwari Karmee and the petitioner was issued
an admit card to appear for the written test fixed on 27th August 2006. Out of
540 candidates, 287 women passed the written test including the petitioner and
they were asked to participate in the oral interview. The petitioner appeared
before the Child Development Project Officer of Samsergang on the date fixed and
as the interview was good, the petitioner expected to be given employment in the
post of Anganwari Karmee in the area of Dhuliyan Municipality, where she
resides. But on 2.11.2006, a list containing 32 names of candidates were
placed on the notice board but the petitioner was surprised to see that the
candidates who were selected for the post of Anganwari Karmee had higher
qualifications such as graduation, while the candidates including the petitioner
having Madhyamik qualification were deprived. The petitioner has stated in the
writ petition that there was 36 vacancies for the post of Anganwari Karmee out of
which 21 vacancies for general categories and 2 vacancies reserved for schedule
tribe and remaining 11 vacancies are for schedule caste and other backward
class candidates.
(3.) That the entire selection for the vacancies was made
illegally without following the condition and guidelines given in the advertisement
as the candidates selected are all graduates with higher education qualification
though in the advertisement it stated that Madhyamik pass candidates would be
eligible for the post of Anganwari Karmee and candidates having graduate
qualification would not be eligible.;
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