The court affirmed that recruitment qualifications must align with the criteria specified in the advertisement, dismissing claims based on unutilized experience for unrelated promotion pathways.

JUDGMENT :

Ajit Kumar, J.

Instructions filed today are taken on record.

Heard Sri Braj Mohan Singh, learned counsel for the petitioner and Sri M.C.Chaturvedi, learned Additional Advocate General assisted by Sri Gaurav Singh, learned Standing Counsel appearing for the State respondents.

By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of certiorari to set aside the entire selection process undertaken by respondent Commission pursuant to Advertisement no. 5-Examination/ 2022 dated 4th July, 2022.

The argument advanced by learned counsel for the petitioner is that list of selection pursuant to the selection held is in total de hors the procedure laid down in Rule 5(4)(2) of the U.P. Child Development and Nutrition (Subordinate) Service Rules, 1992 (For short Rules, 1992) on the post of Mukhya Sewika so advertised. Learned counsel for the petitioner has taken the Court to the relevant rule 4(2) of the relevant rules that provides for 50 per cent of the recruitment on the post of Angarnbari Worker to be made through Selection Committee in accordance with Rule 15 B of Rules from amongst Anganwari Worker who are having high school certificate or equivalent examination certificate and have 10 years of continuous service as such and have attained the age of 45 years as on first day of the year of recruitment. It is further contended that since petitioner has discharged her duties as Anganbari Worker since 2007, her candidature ought to have been considered under said Rule 4(2) and hence any select list if prepared ignoring experience of Anganbari Worker, then selection would be bad and would be liable to be set aside.

Per contra, learned Additional Advocate General has argued that Rule 1992 that have been cited before the Court provided two mode of selection one by way of direct recruitment and the order by way of promotion through Selection Committee which is apparent from Rule 4(1) and Rule 4(2) itself. He has further taken the Court to the Rule 8 of the Rules that provide for academic qualification and submits that for the post of Mukhya Sewika, the essential qualification is bachelor’s degree in Arts, Sociology, Social Science or Home Science as one of the subjects or Nutrition and Child Development or a degree recognized by Government as equivalent thereto. He submits that for promotion, as provided, qualification is only high school or equivalent and 10 years experience as Anganbari Worker. According to him in the present case by advertising vacancies falling in 50 per cent direct recruitment quota vide advertisement no. 5 Examination/2022 applications for direct recruitment have been invited and the academic qualifications prescribed was graduate degree recognized from a recognized University in the subject of Social Science or Social Worker or Home Science as one of the subjects or Nutrition and Chief Development or any degree recognized by Government as equivalent thereto. He has taken the Court to Clause 6 of the advertisement that prescribe for academic qualification. He further submits that petitioner had applied for direct recruitment, and therefore, she could not have pressed into service Rule 4(2) to ask the Commission to count her experience as Anganbari Worker because such experience deserves to be counted when vacancy is sought to be filled up by way of promotion.

Meeting the above arguments, learned counsel for the petitioner sought to contend in rejoinder that all the posts of Anganbari Worker have been advertised instead of 50 per cent quota but upon query being put to him, he could not give any details or statistics in support of his argument, nor could show anything from pleadings as supportive of his argument.

Having heard learned counsel for the respective parties and having perused the records, I find that Rule 1992 vide its Rule 4 provide for direct recruitment against 50 percent vacancies of Mukhya Sevika and provide 50 per cent recruitment by way of promotio