The genuineness of the submitted certificates and the outcome of any criminal cases against the candidates are crucial in determining the legality of appointments.

PRAMATH PATNAIK, J.

In the instant writ application, the petitioner has inter alia prayed for quashing the selection of respondent no. 7, who was selected on the post of Sewika vide order dated 13.12.2007.

2. The facts, as delineated in the writ application, in brief, is that for selection of Sewika of Aganbari Centre at Upri Tulbul, Chatra a notice was published pursuant to cancellation of selection of respondent no.7, whose appointment was cancelled on the allegation that she produced forged matriculation certificate. Pursuant to such publication of notice, the petitioner applied for the same and on being found eligible, she was selected by Aam Sabha vide its meeting dated 21.08.2007 and her name was sent before Dy. Commissioner, Chatra for approval. But, all of a sudden vide order dated 18.09.2007, the petitioner's selection was cancelled on the ground that the house of the petitioner does not come under the Poshak Area and again, respondent no. 7 was selected on the said post vide order dated 13.12.2007 after going through fresh selection process.

3. Being aggrieved, the petitioner has knocked the door of this Court for redressal of her grievances under Article 226 of the Constitution of India.

4. Heard Mr. Binod Kumar Dubey, learned counsel for the petitioner, Mr. Sarven Kumar, J.C to learned S.C.(L &C) for the respondents-State and Mr. S.N. Das for the private-respondent no. 7.

5. Learned counsel for the petitioner submitted that the petitioner is more qualified than respondent no. 7 i.e. she is Intermediate of Arts whereas respondent no. 7 is only Matriculate and further it is admitted case that one criminal case, being Chata P.S. Case No. 269 of 2007 was lodged against respondent no. 7 for submitting forged certificate in spite thereto she was selected. It has further been submitted that petitioner is also fulfilling other criteria for the post in question such as she belongs to the Upri Tulbul Village i.e. Poshak Area, which fact finds support from the report of Circle Officer and further she is Backward Class Candidate falling under Below Poverty Line and considering all these facts, she was selected by the Aam Sabha in its meeting, which is the competent authority for selection of Sewika for Angan bari Centre.

6. In support of his submissions, learned counsel for the petitioner referred to the decision rendered in the case of Smt. Sharda Devi v. State of Bihar as reported in 2001 (1) JLJR 237; in the case of Kalpana Kumari v. The State of Jharkhand as reported in 2016 (4) JLJR 37 and also in the case of Kanchan Devi v. State of Jharkhand as reported in 2014 (4) JLJR 2.

7. Learned counsel for the respondents-State submitted that there are three Angan Bari Centres, namely, (1). Tulbul Angan Bari centre; (2). Upri Tulbul Angan Bari Centre and (3) Nichla Tola Angan Bari Centre. The petitioner is resident of Tulbul Bari Centre and she does not belong to Upri Tulbul Angan Bari Centre, as per enquiry report submitted by the enquiry officer, on the complain made against her that the petitioner does not belong to Poshak area. Hence, the petitioner who does not reside under the Poshak area of Upri Tulbul rather she lives in Chilnya Tola of Tulbul, her recommendation for appointment was cancelled and thereafter and a fresh selection process was started, in which, respondent no. 7 was selected. Learned counsel for the respondents further submitted that it is true that one criminal case was lodged against respondent no. 7 for submitting forged educational certificate but the said case ended in acquittal.

8. Learned counsel for the respondent no.7 submitted that in a concocted case, the C.D.P.O, who is instant relative of petitioner, lodged a false case only to harass the respondent and with a view to oust the respondent no. 7 to get employment, but, after trial it resulted in acquittal of the respondent vide judgment dated 11.04.2016, which the respondent has brought on record by filing I.A. No. 5084 of 2017. Furthermore, the