Judgment · High Court of Jammu & Kashmir and Ladakh

Through: Mr. M. Saleem Mir, Adv. …….Petitioners ……Respondent(s) Through: Mr. Sheikh Feroz Ahmad Dy AG for R-1 to R-5 Mr. M.A Thakur, Adv for R-6. CORAM: HON’BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE In the instant petition, the petitioner prayed for the following reliefs: i. ii. iii. of Certiorari, “Writ vide No. ICDS/Rjr/esst/13/481-483 dated 28.01.2013 issued by CDPO Rajwar Kupwara in favour of Pvt. Respondent be quashed. impugned thereby Writ of mandamus, commanding the CDPO Rajwar Kupwara (Resp. No.5) to issue engagement order in favour of the petitioner who is eligible in all aspects for Anganwadi Centre War Mohalla Bakiakhar Handwara. Writ of mandamus, commanding the respondents to produce entire records pertaining to engagement of Pvt. Respondent without further delay and exemplary cost be imposed on respondents.” The challenge thrown to selection of Pvt. Respondent No.6 is made on the ground that she does not belong to the area where Anganwadi Centre is located. Needless to mention that in terms of the advertisement Notice issued by respondent no.5 applications were invited from Female eligible candidates for engagement against honorary post of Anganwadi Workers in ICDS Project Rajwar. Petitioner and respondent No.6 having applied and on competing the process, the respondent No.6 got selected having obtained more merit than the petitioner. In the tentative select list, petitioner was placed in the panel which was objected by Pvt respondent No.6 and even after filing the writ petition, the respondents on their own constituted a Committee in terms of order dated 06.02.2012, for spot verification. The Committee is stated to have found on enquiry that Private respondent no.6 and petitioner are residing in the said hamlet of village Bhakiakar, therefore, the respondent No. 6 having obtained more merit than the petitioner, was selected and engaged. Petitioner is aggrieved of the selection and engagement of Private respondent and challenged the same on varied grounds, with particular reference that the private respondent does not belong to the area where the Anganwari Centre is located i.e., War Mohalla village Bakihakar. Learned counsel for the respondents submit that the private respondent no. 6 on being eligible and having obtained more merit than the petitioner got selected. It is submitted that there is no basis for the claim made by the petitioner for seeking quashment of the engagement order of private respondent no. 6. Heard learned for the parties, considered the matter and perused the record. From the perusal of the record, it transpires that the selection of private respondent no. 6 is based on having obtained 42.34 points as against the petitioner having obtained only 38.39 points. It has also reference to the enquiry conducted by the Committee constituted for verifying the status of both petitioner as also private respondent no.6 and on enquiry it was established that private respondent no. 6 belongs to War Mohalla while as the petitioner stated to belong Pati War Mohalla, therefore, both the candidates were found eligible with reference to the zone of consideration for Anganwadi Centre. On the declaration of the Committee, the petitioner and respondent no.6 were eligible, and the respondent no.6 got selected on having more merit than the petitioner. Petitioner failed to make out case for interference sand selection of respondent no.6. In the above back ground, the writ petition being without merit shall stand dismissed. Interim direction subsisting shall stand vacated. (Ali Mohammad Magrey) Judge Srinagar, 14.09.22