JUDGMENT :

Mauna M. Bhatt, J.

1. The appellant - original petitioner has filed this intra Court appeal challenging the order of learned Single Judge dated 30.7.2021 in Special Civil Application No. 9966 of 2021.

2. The co-ordinate bench of this Court vide order dated 7.1.2022 issued notice and on 21.4.2022, following order was passed :

"ORDER IN LPA

Notice for final disposal making it returnable on 8.6.2022. Ms. Tripathi, learned AGP waives service of notice on behalf of respondent state authority and Mr. Munshaw, learned advocate waives service of notice on behalf of respondent nos. 2 to 4.

ORDER IN CA

Ms. Mamta Vyas, learned advocate does not press the present application. Present application is disposed of as not pressed."

3. Thus, considering the issue involved and with the consent of the parties, the appeal is taken up for final disposal.

4. The facts in brief are as under :

4.1. The appellant whose date of birth is 10.6.1975, came to be appointed as Anganwadi Worker in Anganwadi Centre-II, Ruvabari, Tal. Devgadh Baria in the year 2004. The appellant as on 1.4.2020, was having experience of more than 16 years and 02 months as Anganwadi Worker. It is case of the appellant that during her tenure as Anganwadi Worker, she received many certificates for her work performance. It appears from the record that, vide notification dated 19th March 2004 of the Panchayat, Rural Housing and Rural Development Department, the rules for "Mukhya Sevika Class-III" (Panchayat Service) Recruitment Rules, 2004 were published. As per the said rules, appointment to the post of Mukhya Sevika Class-III is to be made either by direct selection or by nomination from amongst Anganwadi Workers. Rule-6 of Recruitment Rules 2004 permit the appointment to be made by direct selection and by nomination from amongst the Anganwadi workers, in the ratio of 1:1. Under the said rule 50% vacancies is to be filled in by direct selection and 50% by way of promotion from amongst the Anganwadi workers by nomination. Under Rule-4, the candidate who is eligible for appointment by nomination from amongst the Anganwadi workers, shall not be more than 45 years of age and should have an experience of atleast more than 10 years as an Anganwadi worker.

4.2. It appears that pursuant to the said Recruitment Rules of 2004, a Government Resolution dated 13.12.2005 (Annexure B to the petition) was issued reiterating that those who completed 10 years of minimum service as Anganwadi Worker, and cleared the SSC examination are eligible to be considered for the post of Main (Mukhya) Anganwadi Worker Class-III. It is case of the appellant that pursuant to G.R dated 13.12.2005, the District Program Officer vide their letter dated 24.08.2020, informed all Coordinated Child Development Project Officers to send the list of qualified candidates within 7 days. As the appellant was eligible to the post of Main Anganwadi Worker, her name was included in the merit list prepared pursuant to the Resolution dated 13.12.20005. It is further the case of the appellant that despite being eligible to be considered for the post of Main Anganwadi Worker, Class-III, her name was not sent for consideration, aggrieved by which, she made representation. As there was no response from the respondents, she filed petition being Special Civil Application No.2557 of 2021, wherein this Court directed the respondent authority to decide the representation of the appellant within a stipulated time. The said representation was decided vide order dated 19.4.2021. In the decision dated 19.4.2021, it was conveyed that the process to fill up the post of Main Anganwadi Worker was initiated in August 2020, for August 2020 process the cut of date is 1.4.2021. Since she was 45 years and 10 months on 1.4.2021, she is not eligible. Challenging the said decision the petition was filed being Special Civil Application No.9966 of 2021.

5. The learned Single Judge vide order dated 30.7.2021 dismissed the petition with the following observation