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Judgment
Learned counsel for the petitioner prays for making
corrections of some of the typographical errors in the writ petition such as,
to add Jamalpur in the cause title in respect of respondent nos. 4, 5 and 6,
date of birth as appearing in sub para (f) at page 8 to read as 15.04.1967, as
per Annexure -3 to the writ petition, in place of 15.04.1970 and also to make
correction of the date of birth of the petitioner in the affidavits sworn by her
at page 15 of the writ petition and at the first page of supplementary
affidavit.
As prayed, learned counsel for the petitioner is permitted to
make necessary corrections as aforesaid, in the writ petition and
supplementary affidavit in course of the day.
The present writ petition has been filed for a direction to the
respondents to consider the petitioner for the post of Anganwari Sevika at
Safiabad Anganwari Kendra (Code 04) under the Naya Ram Nagar Panchayat
of the District Munger; and for connected reliefs.
Learned counsel for the petitioner makes a short submission to
the effect that one Nisha Gupta had been wrongly selected on the basis of
forged matriculation certificate and for which the petitioner filed
representation (Annexure-4) before the District Magistrate, Munger. It
transpires that upon consideration of the matter in Misc. Case No.1/2011-12
and Misc. Case No. 9/2011-12, the Collector, Munger by his order dated
23.11.2011 had passed an order cancelling the selection of the said Nisha
Gupta. The petitioner accordingly claims that she ought to be considered on
the vacant post of Anganwari Sevika which had arisen owing to cancellation
of the selection of Nisha Gupta.
Learned counsel for the State on the other hand opposes the
writ petition, inter alia, submitting that there is inordinate delay on the part
of the petitioner in approaching this Court in the year 2010, whereas the
meeting of the ''Gram Sabha'' held on 18.09.2003 had found her application to
be defective and moreover, thereafter fresh guidelines have been notified for
the process of selection of Anganwari Sevika.
Having regard to the submission of learned counsel for the
parties, this Court is of the view that the ends of justice will be met by
directing the respondents to consider the case of the petitioner on its own
merits and on the basis of applicable guidelines. It is made clear that this
Court has not expressed any opinion on the merits of the claim of the
petitioner.
The writ petition stands disposed of. Interlocutory Applications if
any, also stands disposed of.