HIGH COURT OF JAMMU AND KASHMIR
PARMILA DEVI – Appellant
Versus
DIRECTOR SOCIAL WELF. DEPTT. AND ORS. – Respondent
ORDER :
1. The petitioner has filed the present writ petition for quashing the selection of the respondent No. 5 as Anganwadi Worker in Anganwadi Center for Upper Bhagwah, who was selected vide select list dated 22.12.2005 and directing the official respondents i.e. respondent Nos. 1 to 4 to select and appoint the petitioner as Anganwadi Worker in Anganwadi Center for Upper Bhagwah.
2. The petitioner has challenged the select list on the grounds that the official respondents have illegally selected the respondent No. 5 who had got married to a village, namely, Prem Nagar which falls about 30 kms away from the ward/village in question i.e. Upper Bhagwah in another Tehsil Thathri, but still she was retained by the official respondents in the select list. It is stated that the petitioner has permanently settled after her marriage in the said ward/village.
3. The petitioner claims to have submitted the objections against the select list published by the official respondents, whereby respondent No. 5 was appointed as Anganwadi Worker in Anganwadi Center Upper Bhagwah.
4. Respondent No. 3 has filed the response stating therein that the Advertisement Notification was issued on 17.02.2005 by r
Residency at the time of application is the sole criterion for selection as Anganwadi Worker; marital status post-selection does not disqualify a candidate.
Eligibility criteria for government positions must be met, and discrepancies in application and residency status can result in the cancellation of appointments.
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
The court reinforced that administrative decisions regarding the appointment of Anganwadi Workers must be substantiated by clear evidence of residency, emphasizing the necessity for valid inquiries a....
Selection processes for public appointments must comply with eligibility criteria established by law, and candidates cannot claim preference unless explicitly provided for by applicable rules.
Preference must be given to destitute widows in employment as per government guidelines, overriding other qualifications.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
Guidelines for selection of Anganwadi Workers mandate that only Scheduled Tribe candidates from the designated area are eligible, superseding conflicting advertisements.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
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