Pinki Rao @ Pinki Singh vs State of U.P. and 4… — Writ and Judicial Review | Allahabad HC (2025)

Pinki Rao @ Pinki Singh vs State of U.P. and 4… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions to the respondents to prepare the merit list strictly on the prescribed minimum qualification, allotting marks on the basis of High School and Intermediate performance pursuant to the advertisement and not on the basis of Graduation or Post Graduation; respondents further not to compel submission of the Post Graduation certificate, not to reject the petitioner's candidature for its absence, and not to place her below Post Graduate degree holders if she scores better.

Issue for consideration

Whether the petitioner's candidature for the post of Anganbadi Karyakatri should be considered by allowing her to submit her Post Graduation degree, which she could not submit due to a technical flaw while filling up the online application form. +1 more

Court's answer

The respondents can neither compel the petitioner to submit her Post Graduation academic qualification certificate, nor reject her candidature on the ground that she failed to submit the Post Graduation degree, nor place her below a candidate holding a Post Graduate degree if she scores better.

Ratio / Principle

Since the Government Order prescribes Intermediate as the minimum qualification for the post of Anganbadi Karyakatri (age limit 18 to 35 years) with no provision for preferential qualification as Graduation or Post Graduation, nor any provision for additional marks for such qualification, Graduation and Post Graduation qualifications cannot be taken as preferential qualification.

Key takeaways

The provision of preparation of the merit list as per Post Graduate degree is held to be directory only.ratio¶11
Respondents are directed to prepare the merit list strictly in accordance with the minimum qualification as prescribed and allot marks on the basis of High School and Intermediate qualification pursuant to the advertisement issued, and not on the basis of Graduation or Post Graduation, as no preferential qualification is prescribed under the relevant Government Order.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 4 (Ajit Kumar, J.), Writ-A No. 3669 of 2025, Order Date 25.3.2025 (Neutral Citation 2025:AHC:43576). Filed under Article 226 of the Constitution, the petitioner sought consideration of her candidature for the post of Anganbadi Karyakatri by being allowed to submit her Post Graduation degree, which she could not submit due to a technical flaw in the online application form. Drawing attention to the Government Order dated 21.03.2023 (clause 7), under which the merit list for Anganbadi Karyakatri and Anganbadi Sahayika is to be prepared on minimum/equivalent qualification and also maximum academic qualification of Post Graduation, the Court held that as the G.O. prescribes Intermediate as the minimum qualification (age 18 to 35 years) with no preferential qualification or additional marks for Graduation/Post Graduation, such higher qualifications cannot be taken as preferential; respondents can neither compel submission of the PG certificate, nor reject candidature for failure to submit it, nor place the petitioner below a PG-holder if she scores better. The provision for preparing the merit list as per Post Graduate degree was held to be directory only. Petition disposed of with directions to prepare the merit list strictly per the prescribed minimum qualification, allotting marks on High School and Intermediate performance pursuant to the advertisement, and not on Graduation/Post Graduation basis.

Neutral Citation No. - 2025:AHC:43576

Court No. - 4

Case :- WRIT - A No. - 3669 of 2025

Petitioner :- Pinki Rao @ Pinki Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadh Behari Singh Counsel for Respondent :- C.S.C.

Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel.

By means of this petition filed under Article 226 of the Constitution, petitioner claims for consideration of her candidature for the post of Anganbadi Karyakatri by allowing her to submit her Post Graduation degree which she could not submit due to technical flaw while filling up online application form.

Upon a pointed query being made as to why he wants to put up Post Graduation degree, learned counsel for the petitioner draws attention of the Court to the Government Order dated 21.03.2023, wherein, vide clause 7 it is provided that on the post of Anganbadi Karyakatri and Anganbadi Sahayika the merit list shall be prepared on the basis of minimum qualification or equivalent qualification and also the maximum academic qualification of Post Graduation.

In the considered view of the Court, when a minimum qualification is prescribed under the Government Order as Intermediate for the post of Anganbadi Karyakatri with an age limit of 18 to 35 years and there is no provision contained under the Government Order providing for preferential qualification as Graduation or Post Graduation, nor there is any provision to give additional marks for such qualification, in my considered view the Graduation and Post Graduation qualification cannot be taken as preferential qualification.

In such above view of the matter, therefore, the respondents can neither compel the petitioner to submit Post Graduation academic qualification certificate, nor can reject her candidature on the ground that she failed to submit Post Graduation degree, nor even can place her below to a candidate having Post Graduate degree if she scores better merely to such candidates on the basis of her performance as Anganbadi Sahayika and/ or High School and

Intermediate marks qua merit list. The provision of preparation of merit list as per Post Graduate degree is held to be directory only. Respondents are directed to prepare the merit list strictly in accordance with the minimum qualification as prescribed and allot the marks on the basis of High School and Intermediate qualification pursuant to the advertisement issued and not on the basis of Graduation or Post Graduation as there is no preferential qualification prescribed under the relevant Government Order.

In the circumstances, therefore, this petition stands disposed of accordingly with aforesaid observations and directions.

Order Date :- 25.3.2025 IrfanUddin

Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad