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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Babita – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. The respondents issued an advertisement for appointment of Anganwari Worker. The advertisement was published under a specific notification that spelt out the eligibility criteria including the permissible age limit of the applicant and cut-off date for determining the age eligibility. The advertisement though mentioned the age limit, but omitted to give the cut-off date for determining the age limit. Realizing this material error, the respondents called off the selection process and published a fresh advertisement in conformity with the notification. Thepetitioner, who had applied under the first advertisement, is not eligible under the fresh advertisement, hence, this petition by her.
2. Facts:
(i)The respondents-Social Justice and Empowerment Department on 24.08.2023, notified revised guidelines for appointment of Anganwari Workers/Mini Anganwari Workers/Helpers under the ICDS Programme in Himachal Pradesh. Relevant to the context is the eligibility criteria prescribed in these revised guidelines, more particularly, the age limit for applying for the post of Anganwari Workers/Mini Anganwari Workers/Helpers. Clause 4(c) of the notification dated 24.
Eligibility for appointment must be maintained until the last date of the advertisement; cancellation of selection process due to material error is justified.
Appointment – Right of a candidate for being considered in terms of advertisement stands crystallized on the date of publication of advertisement – Any subsequent amendment to advertisement during co....
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
The court established that age relaxation provisions in recruitment rules apply universally to all candidates, ensuring fairness in the selection process.
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
Cut-off dates in employment advertisements cannot be unilaterally extended; adherence to stipulated timelines ensures fairness in selection processes.
A candidate's eligibility cannot be negated by a subsequent amendment to the cut-off date if they were eligible under the original notification, as per the provisions of Rule 10 of the Rajasthan Anim....
Procedural violations in the selection of Anganwadi Workers necessitate the conclusion of interrupted selection processes rather than issuing new advertisements, ensuring compliance with fair practic....
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