Disposed

Smt. Sunita Kumawat W/O Shri Anil Kumar Kumawat v. State of Rajasthan

Rajasthan HC16 May 2023CW/206/2023

Case brief

AI extract

What is this about?

Petitioner sought appointment as Aanganbadi Worker. Selection from prior advertisement was cancelled by authorities, leading to a fresh tender. Court denied relief based on cancelled selection but granted liberty to apply under new advertisement.

What did the court decide?

Petition disposed of without interference with non-appointment; liberty granted to petitioner to apply pursuant to fresh advertisement dated 12.12.2022.

Smt. Sunita Kumawat W/O Shri Anil Kumar Kumawat Vs… — Service and Employment | Rajasthan HC (2023)

¶1

[2023/RJJP/011067]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 206/2023

¶4

Smt. Sunita Kumawat W/o Shri Anil Kumar Kumawat, Aged About 31 Years, R/o Deriwalon Ki Dhani, Village Asalpur, Tehsil Jobner, District Jaipur (Raj.)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Principal Secretary, Women And Child Development Department, Government Secretariat, Jaipur (Raj.)

¶8

Director Cum Joint Secretary, Integrated Child Development Services, 2, Jal Path, Gandhi Nagar, Jaipur Rajasthan.

¶9

Dy. Director, Women And Child Development Department, Jaipur Rajasthan.

¶10

Chief Executive Officer, Zila Parishad, Jaipur Rajasthan.

¶11

Child Development And Project Officer, Dudu, District Jaipur. 6. Gram Panchayat Asalpur, Panchayat Samiti Jobner, District Jaipur Through Village Development Officer.

¶12

Geeta Kumawat Wife Of Suresh Kumar Kumawat, Aged About 31 Years, R/o Khatliyo Ki Dhani, Aasalpur, Teh- Phulera, Jaipur, Rajasthan. 303604

¶13

----Respondents

¶14

For Petitioner(s) : Mr. Govind Sharma For Respondent(s) : Ms. Priyanka Pareek Mr. Sikander Ali Chopdar

¶15

HON'BLE MR. JUSTICE SUDESH BANSAL Order

¶16

16/05/2023

¶17

Petitioner has filed instant writ petition, for seeking appointment on the post of Aanganbadi Worker for Centre Asalpur-I, Panchayat Samiti Jobner District Jaipur pursuant to advertisement dated 20.06.2022.

¶18

The case of petitioner is that total 19 candidates including petitioner applied for the post in question pursuant to advertisement dated 20.06.2022. Petitioner scored highest 7 marks and was placed at first merit position. Thereafter, Gram Panchayat, in Gram Sabha dated 02.10.2022 approved the name

[2023/RJJP/011067]

[CW-206/2023]

(2 of 3)

of petitioner and same was recommended to respondent No.5 for issuing the appointment order but respondent No.5 instead of issuing the appointment order to petitioner advertised the vacancy of Aanganbadi Worker for Centre Asalpur-I, Panchayat Samiti Jobner District Jaipur vide notification dated 12.12.2022. It has been submitted on behalf of petitioner that the candidature of petitioner was not cancelled, therefore, issuance of fresh advertisement for the post in question is arbitrary.

¶23

Per Contra, the respondent Nos.1 to 6-State authorities have filed joint reply to the writ petition and stated that the candidate who stood on the second position in merit to the previous advertisement dated 20.06.2022, challenged the selection of petitioner and filed appeal. The Deputy Director, Woman & Child Development Department, Jaipur vide its order dated 21.11.2022 has cancelled the selection of petitioner. Thereafter, no meeting of Gram Sabha was held and in the meantime the period of 150 days from selection process was lapsed, resultantly, the Office of the CDPO issued letter dated 01.12.2022 for cancellation of the selection process and to include the vacancy in the future advertisement. Accordingly, respondent No.3 after cancellation of the previous advertisement vide order dated 05.12.2022, has issued fresh advertisement on 12.12.2022 wherein the post of Aanganbadi Worker for Centre Asalpur-I, Panchayat Samiti Jobner District Jaipur has also been advertised. It has been submitted by respondents that the petitioner is free to apply fresh pursuant to fresh advertisement dated 12.12.2022.

(3 of 3)

[2023/RJJP/011067]

[CW-206/2023]

Having considered rival contentions of both parties, this Court finds that after cancellation of the previous advertisement dated 20.06.2022 by the Deputy Director, Woman & Child Development Department, Jaipur vide order dated 05.12.2022 and after cancellation of selection of the petitioner for the post of Aanganbadi Worker, the post in question has been included in fresh advertisement dated 12.12.2022. The claim of petitioner for grant of appointment pursuant to the advertisement dated 20.06.2022 does not survive. However, as admitted by respondents in para No.7 of reply to writ petition, the petitioner is at liberty to participate pursuant to the fresh advertisement dated 12.12.2022.

¶28

Therefore, as a result, without interference with the nonappointment of petitioner on the post of Aanganbadi Worker for Centre Asalpur-I, Panchayat Samiti Jobner District Jaipur pursuant to advertisement dated 20.06.2022, the present writ petition is disposed of with liberty to petitioner to apply and participate for the post in question pursuant to the fresh advertisement dated 12.12.2022.

¶29

It is needless to observe that respondents shall consider the candidature of petitioner for appointment on the post in question pursuant to the fresh advertisement dated 12.12.2022 in accordance with law.

¶30

Stay application and other pending application(s), if any, stand disposed of.

¶31

(SUDESH BANSAL),J

¶32

TN/31

Smt. Sunita Kumawat W/O Shri Anil Kumar Kumawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Sunita Kumawat W/O Shri Anil Kumar Kumawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deena Vs Alla Noor

Preetash Sen S/O Shri Chothmal Sen Vs State of Rajasthan

Mahendra Kumar Saini S/O Shri Khem Chand Vs the State of Rajasthan

Vijay Singh Gurjar S/O Hari Singh Gurjar Vs Director General of Police

Lalita Bairwa D/O Shri Bhagwan Sahai Bairwa Vs State of Rajasthan

Maina Kumari D/O Shri Naresh Kumar Vs the State of Rajasthan