AARTI DEVI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-4-54
HIGH COURT OF JHARKHAND
Decided on April 24,2009

Aarti Devi Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE grievance of the petitioner in this writ petition is against the selection and appointment of the respondent no. 5 as Aangan Bari Sewika of village Baraikhurd, Kasmar, in the district of Bokaro, rejecting the petitioner's candidature. The contention of the petitioner is that in the village meeting held on 13.3.007 the petitioner submitted her candidature for selection as Aangan Bari Sewika in the village. The selection of the respondent no. 5 was made contrary to the laid down rules of procedure and the regulations inasmuch as though rules have been laid down for giving preference to the persons who are below the poverty line, the petitioner who possesses the requisite eligibility criteria, has been denied selection and appointment. On the other hand, respondent no. 5 being not below the poverty line and her husband already being employed and respondent no. 5 on the date of selection being also being appointed as Aangan Bari Sewika in another Centre, has been selected. The petitioner had filed her representation before the respondent no. 3, but till date, no step has been taken by him to inquire into the matter . Learned counsel for the State respondent submits that though respondent no. 5 was earlier employed as para teacher, but prior to her selection, she had resigned from the post. Respondent no. 5 was found to be the most qualified among the entire set of candidates who had offered their candidatures for selection as Aangan Bari Sewika.
(2.) LEARNED counsel for the petitioner informs that to the petitioner ˜s knowledge, respondent no.5 was very much employed as a para teacher on the date of selection and further more, the husband of respondent no. 5 was employed as a para teacher and respondent no.5 was not below poverty line, whereas the petitioner did fall below the poverty line. Be that as it may, the grievance of the petitioner can be resolved by looking into the allegation for which the DE is competent. As such petitioner may file fresh representation before the Deputy Commissioner Bokaro (respondent no. 3) with a copy of this order and within three months from the date of production/receipt of representation, the respondent no. 3 shall look into the grievance of the petitioner and after giving opportunity of hearing to the parties, including respondent no. 5, shall take a decision on the representation of the petitioner and communicate the decision to the petitioner effectively. With the above observation, this application is disposed of at the stage of admission itself. Let a copy of this order be given to the counsel for the respondents.;


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