Petitioner challenges Aanganwari Worker selection where widow quota beneficiary was preferred over her based on widow status. Court held status must be noticed at any stage and dismissed writ.
Writ petition dismissed; appeal of widow respondent upheld; selection maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 2)
[CW-2553/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2553/2021
Usha W/o Shri Ram Naresh, Aged About 30 Years, R/o Village Khansurjapur,tehsil Roopwas, District Bharatpur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. D.C. Gupta For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
01/03/2021
The petitioner assails the order passed by the Deputy Director, Women and Child Development Department, Bharatpur dated 3rd February, 2021, whereby the appeal preferred by the petitioner against the appointment given to the respondent No.4 was not accepted.
Learned counsel submits that the petitioner’s name was placed by the Selection Board at No.1 in the list of Aanganwari Worker, however , the respondent No.4 preferred an appeal and submitted that she was a widow. Taking into consideration the submissions made by respondent No.4, the Appellate Authority
(2 of 2)
[CW-2553/2021]
i.e. CDPO accepted the appeal and granted marks to the respondent No.4 being a widow. It is submitted by the petitioner that the respondent No.4 had never placed before the Selection Committee documents relating to her being widow and the Deputy Director, Women and Child Development Department vide its impugned order dated 03.02.2021 has failed to take notice of this aspect.
I have considered the submissions.
Admittedly, the respondent No.4 is a widow and in spite of her being a widow, the concerned Panchayat Samiti has failed to give her benefit of widow quota. As per the instructions, the priority is given to a widow who will get preference over others. Accordingly, the appeal of respondent No.4 Smt. Sangeeta was allowed. The representation made by the petitioner to the Deputy Director was also examined and after looking into the record, the Deputy Director reached to the conclusions that Smt. Sangeeta W/o Late Shri Ajay Singh was rightly selected and placed at No.1 in the merit list.
In the opinion of this Court, the submissions of the learned counsel that respondent No.4 had not submitted the certificate of being widow before the Selection Committee, have no effect as the status of her widow has to be noticed at any stage. The appeal of the respondent No.4 has rightly been allowed thus no interference is warranted.
The writ petition is accordingly dismissed.
All pending application/s also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
Pcg/96
2 issues framed by the court
Whether the appellate authority erred in prioritizing a widow respondent over the petitioner in an Aanganwari Worker selection despite the widow not having submitted widow certificates to the initial
Whether the status of a candidate being a widow requires consideration at any stage of selection irrespective of prior submissions to the Selection Board.
Usha W/o Shri Ram Naresh
The State Of Rajasthan
Deputy Director, Women And Children Welfare Department, Bharatpur
Child Development Project Officer, Roopwas
Smt. Sangeeta W/o Shri Ajay Singh
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
