RANCHI, India, May 30 -- Jharkhand High Court issued the following order on April 30:

1. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to appoint her on the post of Anganbari Sewika at Village-Urughutu, PS-Raj Nagar in terms of the decision taken by the Village Committee in the Aam Sabha as the petitioner is the only fit candidate to be appointed as Anganbari Sewika.

2. Learned counsel for the petitioner submits that the name of private respondent was recommended for appointment as both petitioner and respondent no.8 have equal marks. He submits that the respondent no.8 is not having the valid caste certificate as both caste certificate and residential certificate has been cancelled by the 3rd Respondent vide its order dated 02.08.2024

He contended that Aam Sabha was held on 15.02.2024 and the respondent no.8 again obtained a fresh caste and residential certificate on 20.02.2024. As such, as per the petitioner, admittedly; on the date of Aam Sabha dated 15.02.2024, respondent no.8 did not have caste and residential certificate and, accordingly, the petitioner was the only candidate to be appointed as Anganbari Sewika.

3. Learned counsel for the respondents submits that the petitioner and the respondent no.8 have admittedly secured same marks but as per the procedure in the event when two candidates secured the same scores in that case, the person who is having more marks in matriculation shall be selected. However, there is no specific reply with regard to the allegation that initially the caste and residential certificate of the respondent no.8 was earlier cancelled and, on that date, when the issue of appointment was considered; the date of Aam Sabha, she was not having any caste certificate.

4. Having regard to this fact and since notices has not been issued in this case in order to avoid further delay, the petitioner is at liberty to file a fresh representation before the 2nd Respondent including all the documents which are being relied by her in support of her contention at the earliest. The moment 2nd Respondent will receive the representation, he will look into the matter and verify the documents of the petitioner as well as the 8th Respondent and after giving opportunity to the petitioner as well as 8th Respondent, pass a fresh order and the same shall be communicated to this petitioner as well as to the 8th Respondent. The entire exercise shall be completed within a period of 16 weeks from the date of receipt of such representation.

5. The writ application stands disposed of.

Disclaimer: Curated by HT Syndication.