The petitioner, on the strength of case set up in the petition, seeks following reliefs:

1. A writ of Certiorari quashing Order No. DSWJ/ICDS/2006/07 dated 27.2.2007 alongwith Order No. DSWJ/ICDS/608/07 dated 21.4.2007 issued by respondent No. 2 in violation of SRO 16 dated 28.1.2004.

2. A writ of Mandamus commanding respondents to accord promotion to the petitioner to the post of Supervisor under RBA category under J&K Reservation Act, 2004 read with SRO 294 dated 21.10.2005.

The facts relevant to disposal of the writ petition are as under:

The petitioner, vide Order No. CDPO/P/290-93/85 dated 01.03.1985, was appointed as Anganwari Worker in Anganwari Centre Patta, Block Pouni, District Reasi.

The petitioner after performing her duties as Anganwari Worker to entire satisfaction of the superiors for about two decades, made successive representations for her promotion to the post of Supervisor under Reserved Backward Area (RBA) Category in terms of Jammu and Kashmir Reservation Act, 2004 read with Jammu and Kashmir Reservation Rules, 2005 notified Vide SRO 294 of 21.10.2005. The petitioner is aggrieved that Director Social Welfare Department-Respondent no. 2 herein, erroneously forwarded the petitioner's case for relaxation in upper age limit vide communication No. DSWJ/ICDS/2006/07 dated 27.2.2007, assuming that the petitioner to be promoted as Supervisor, was to be below upper age limit prescribed under rules. The petitioner's case is that once the respondent no. 2 as admitted in the aforesaid communication, found one post of Supervisor available to be filled up from Reserved Backward Area Category, he was to order promotion of the petitioner to the post of Supervisor in accordance with rules. It is pointed out that in terms of Jammu and Kashmir Social Welfare (Non Gazetted) Service Recruitment Rules, 1991 as amended by SRO 16 of 28.1.2004 (Recruitment Rules of 1991 hereinafter), 25% post of Supervisors in the Social Welfare Department are to be filled up from graduate Anganwari Workers with five years of service and to the extent of 25% from matriculate Anganwari Workers with ten years of service.

The petitioner's case is that the requirement of upper age limit of 39 years for appointment by selection to the post of Supervisor does not find mention in Recruitment Rules of 1991 amended upto date and that the respondents lacked authority to deny promotion to the petitioner on the ground of her having crossed upper age limit. Having regard to Recruitment Rules of 1991 read with SRO 29 of 7.2.2005, the petitioner pleads, she having passed higher secondary examination Part-I and having 20 years service as Anganwari Worker to her credit, is eligible for promotion to the post of Supervisor in terms of Jammu and Kashmir Reservation Act, 2004 read with Jammu and Kashmir Reservation Rules, 2005 notified Vide SRO 294 of 21.10.2005 and that recommendation for relaxation of age is in conflict with the rule position as also the practice in vogue where under a large number of Anganwari Workers in the age group of 40 to 57 stand promoted to the post of Supervisor.

The respondents in their reply while admitting almost all the factual averments made in the -petition seek dismissal of the writ petition on the ground that the post of supervisor in terms of Recruitment Rules of 1991, is not to be filled up by promotion as pleaded, from Anganwari Workers satisfying criteria as regards length of service and academic qualification as laid down in the rules. It is insisted that the Recruitment Rules of 1991 as amended upto date provide for filling up of the post of Supervisor by selection and not by promotion as claimed by the petitioner. The respondents plead that the recruitment rules merely set apart 50% of the posts to be filled up by the Anganwari Workers satisfying the prescribed eligibility criteria and an Anganwari Worker to be considered by the Departmental Promotion Committee for selection against the post of Supervisor has to fulfil the requirem

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