Dismissed¶16

Smt. Rekha Devi v. State of U.P. Thru. Addl. Chief Secy. Child Development Services and Nutrition Lko. and 5 Others

Allahabad HC6 May 2025WRIA/4998/2025

Case brief

AI extract

What is this about?

Anganwadi Karyakatri/Anganbadi worker recruitment 2024; BPL versus APL category priority; Government Order dated 21.3.2023 para 3-Ga(3); income certificate — petitioner uploaded husband's (Ram Achal) certificate instead of her own; Gram Panchayat/Ward Joravarpur (Jorawarpur), district Balrampur; challenge to selection list placing Usha Maurya at serial No.1; writ of mandamus and certiorari; WRIT - A No. 4998 of 2025; Neutral Citation 2025:AHC-LKO:26413; High Court of Judicature at Allahabad, Lucknow Bench; petition dismissed.

What did the court decide?

Under the Government Order dated 21.3.2023, a BPL category candidate has to be given priority over and above an APL category candidate; the petitioner is not a BPL category candidate. ¶13

Smt. Rekha Devi Vs State of U.P. Thru. Addl. Chief Secy. Child Development Services and Nutrition Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶16

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents to consider appointment of the petitioner to the post of Anganwadi worker at Gram Panchayat Jorawarpur, district Balrampur. +1 more

¶8

Court's answer

Under the Government Order dated 21.3.2023, a BPL category candidate has to be given priority over and above an APL category candidate; the petitioner is not a BPL category candidate.

¶13

Ratio / Principle

The petitioner did not file/upload her own income certificate; instead she uploaded the income certificate of her husband Ram Achal, so her ground that respondent No.6's income is lower than hers stands falsified by the written instructions and documents on record.

¶13

Key takeaways

The selected private respondent uploaded her own income certificate and was accordingly given the benefit of BPL category, while the petitioner was considered as APL; the petitioner is herself to be blamed for uploading her husband's income certificate, which cannot be accepted in view of the Government Order.ratio¶14
There is no illegality in the impugned selection.ratio¶15

Detailed headnote1 paragraphs

Anganwadi Recruitment 2024 (project Balrampur Dehat) — selection for Gram Panchayat/Ward Joravarpur. The petitioner, an APL-category candidate placed at serial No.2 of the select list, sought a mandamus for appointment as Anganwadi worker and certiorari quashing of the selection list by which Usha Maurya (BPL category, serial No.1) was selected. Held, per the Government Order dated 21.3.2023, para 3-Ga(3), a BPL category candidate must be given priority over an APL category candidate. The selected candidate had uploaded her own income certificate and was thus treated as BPL; the petitioner had not uploaded her own income certificate but that of her husband Ram Achal, so her plea that respondent No.6's income was lower was falsified, and she was correctly considered as APL. No illegality was found in the impugned selection; the writ petition was dismissed as devoid of merit. (Hon'ble Karunesh Singh Pawar, J., Order dated 6.5.2025.)

¶1

Neutral Citation No. - 2025:AHC-LKO:26413

¶2

Court No. - 18

¶3

Case :- WRIT - A No. - 4998 of 2025

¶4

Petitioner :- Smt. Rekha Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Child Development Services And Nutrition Lko. And 5 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

¶7

Notice to respondent No.6 is dispensed with in view of the proposed order.

¶8

By means of present petition, the petitioner has prayed for issuance of a writ of mandamus directing respondents to consider appointment of the petitioner on the post of Anganbadi worker at gram Panchayat Jorawarpur, district Balrampur.

¶9

A further writ in the nature of certiorari has been sought quashing selection list of Anganwadi Recruitment 2024 project Balrampur Dehat to the extent of Gram Panchayat/Ward Joravarpur.

¶10

Learned Standing Counsel, on the basis of written instructions which are taken on record, submits that Usha Maurya has been selected as Anganwadi Karyakatri on the basis of her name being at serial No.1 of the select list and a BPL category candidate as also in view of the priority given in Government Order dated 21.3.2023 para 3-Ga(3). The petitioner being APL category candidate and is placed at serial No.2 of the select list has been out-performed by the private respondent. The selection has been made in accordance with the policy of the government.

¶11

The writ petition is devoid of merit.

¶12

I have considered the submission and perused the record.

¶13

From the above, it is evident that the petitioner is not a BPL category candidate and as per the above government order, a BPL category candidate has to be given priority over and above an APL category candidate. The ground taken by the petitioner that income of respondent No.6 is lower than the petitioner is falsified in view of these written instructions and the documents annexed with the petition which show that the petitioner has not filed/uploaded her income certificate; instead in her place, she has uploaded the certificate of her husband Ram Achal.

¶14

On the contrary, the selected candidate, i.e. private respondent has uploaded her own income certificate, therefore, she has been given the benefit of BPL category and the petitioner has been considered as APL category candidate. The petitioner is herself to be blamed for uploading income certificate of her husband which cannot be accepted in view of the Government Order (supra).

¶15

There appears to be no illegality in the impugned selection.

¶16

The petition being devoid of merit is dismissed.

¶17

Order Date :- 6.5.2025 kkb/

¶18

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Rekha Devi v. State of U.P. Thru. Addl. Chief Secy. Child Development Services and Nutrition Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Smt. Rekha Devi v. State of U.P. Thru. Addl. Chief Secy. Child Development Services and Nutrition Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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