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HEMANT M. PRACHCHHAK
Shardaben Kalubhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Present petition is filed by the petitioner under Article 226 of the Constitution of India seeking direction to the respondents to give appointment to the petitioner for the post of “Mukhya Sevika”, Class III and to declare that the petitioner is eligible and entitled for being appointed on such post as per the prescribed norms of the State Government.
2. Brief facts leading to the present petition are that the petitioner has been appointed as Anganvadi Worker under the I.C.D.S. Scheme for Dahod Taluka and accordingly she started working as Anganvadi Worker at Vadbara-2 Anganvadi. That respondent No.3 called for information of the Anganvadi Workers for filling up the post of Mukhya Sevika, who have worked continuously for a period of ten years. Though the petitioner was possessed the minimum education qualification of S.S.C. and fulfilling requisite criteria prescribed for the said appointment, her name was reflected at Sr.No.45 and, therefore she made representation to respondent No.3, however, the same was remained undecided, she preferred Special Civil Application No.14148 of 2010. This Court vide order dated 20.07.2010 directed respondent No.3 to consider the repres
The main legal point established in the judgment is that the Government Resolution dated 13.12.2005 did not discriminate, and the procedure for promotion was undertaken by two separate establishments....
The discretionary power of the appointing authority in granting age relaxation and the need for uniform eligibility criteria to avoid arbitrary selections.
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