Back
IN THE HIGH COURT OF JAMMU AND KASHMIR
Mr Justice Sanjeev Kumar, Mr Justice Puneet Gupta, JJ
Mst. Fehmida – Appellant
Versus
State of J And K Through Commr/ Secretary To Govt. Social Welfare Deptt Civil Sectt – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This intra Court appeal arises out of an Order and Judgment dated 27th of September, 2015 passed by the learned Single Judge of this Court (“the Writ Court”) in SWP No. 26/2012 titled “Mst. Mehmooda v. State of J&K and Ors.”, whereby the Writ Court has allowed the Writ Petition filed by the Respondent No.6 and quashed the Order dated 20th of December, 2011 passed by the Deputy Commissioner, Ganderbal, the Respondent No.3 herein, as also the Order passed by the Divisional Commissioner, Kashmir dated 28th of December, 2011.
2. The Respondent No.5, vide advertisement notification bearing No. DIPJK/9184 dated Nil, issued in the year 2010, invited applications for engagement of Anganwadi Helpers in 22 different Anganwadi Centers of Block Lar, which included the Anganwadi Centre Khawajabagh, Kondabal, Ganderbal, falling in revenue village Yangoora (B). The advertisement notification, inter alia, prescribed a minimum qualification of 8th Pass for the post of Anganwadi Helper. It was also provided in the advertisement notification that in case no Middle Pass candidate was available, the candidate with lesser qualification was to be considered. The Appellant, as
Minimum qualification for Anganwadi Helper must be met before considering preference for BPL candidates; engagement lacking this qualification is a nullity.
Candidates cannot challenge a selection process after participating in it, as established by previous court decisions.
Non-submission of a specific educational document does not invalidate selection if the candidate provides sufficient proof of required qualifications, emphasizing a non-technical approach to recruitm....
The main legal point established in the judgment is that the selection of a deserted woman as an anganwadi helper was justified based on the eligibility criteria and preference given to deserted wome....
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
