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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan
Pabitra Mahato – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Deepak Roshan, J.
The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to appoint her on the post of Anganbari Sewika at Village-Urughutu, PS-Raj Nagar in terms of the decision taken by the Village Committee in the Aam Sabha as the petitioner is the only fit candidate to be appointed as Anganbari Sewika.
2. Learned counsel for the petitioner submits that the name of private respondent was recommended for appointment as both petitioner and respondent no.8 have equal marks. He submits that the respondent no.8 is not having the valid caste certificate as both caste certificate and residential certificate has been cancelled by the 3rd Respondent vide its order dated 02.08.2024.
He contended that Aam Sabha was held on 15.02.2024 and the respondent no.8 again obtained a fresh caste and residential certificate on 20.02.2024. As such, as per the petitioner, admittedly; on the date of Aam Sabha dated 15.02.2024, respondent no.8 did not have caste and residential certificate and, accordingly, the petitioner was the only candidate to be appointed as Anganbari Sewika.
3. Learned counsel for the respondents submits that the
The court emphasized the importance of verifying eligibility documents in selection processes, particularly when candidates have equal qualifications.
The Aam Sabha has the authority to recommend the appointment of Anganbari Sevika, and the minimum qualification for the appointment is Intermediate.
The selection of Anganwari Sevika must prioritize candidates from the majority caste in the area, as per established guidelines.
The permanent validity of Caste Certificates for Schedule Caste candidates and the necessity for selection processes to prioritize documentation and merit in appointments.
The eligibility criteria for appointment as Anganwadi Sevika must be strictly adhered to, especially concerning family employment.
The Gram Sabha's decision in appointing Anganbari Sevika is final and cannot be overridden by the District Social Welfare Officer without proper grounds.
The court affirmed that selections for Anganwadi Sevika are not subject to civil service protections and emphasized timely actions within procedural guidelines.
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