SHAMS UL NISA v. UNION TERRITORY OF J AND K AND ORS. (SOCIAL WELFARE)
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE M.A. CHOWDHARY
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-07-29. SHAMS UL NISA v. UNION TERRITORY OF J AND K AND ORS. (SOCIAL WELFARE). Read the judgment and case...
Judgment text
Serial No. 108 Supplementary-1 Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 1626/2024 CM No. 4419/2024 Shams-ul-Nisa … Petitioner(s) Through: - Mr Mohammad Rafiq Bhat, Advocate. V/s Union Territory of J&K and Ors. … Respondent(s) CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER) 29. 07. 2024 01. The Petitioner, through the medium of this Petition, has prayed for the grant of following relief(s) in her favour: “A. By issuance of writ, order or direction one in the nature of Mandamus, tentatively selection list issued vide Notification published in newspapers namely Global Kashmir th on 20 of August, 2023 whereby Respondent No. 4 has been shown to have been tentatively selected against the post of Anganwadi Helper be quashed; B. By issuance of writ, order or direction one in the nature of Mandamus, Respondents be commanded to consider the objections filed by the Petitioner to the tentatively seniority list and take decision in the matter; C.
By issuance of writ, order or direction one in the nature of Mandamus, Respondents be commanded to subject the selection of Respondent No. 5 to the outcome of the instant writ petition; and D. Any other order or direction which this Hon’ble Court may deem fit and proper to the case of Petitioner may also be passed in favour of petitioner and against the Respondents. ” 02. The Petitioner has claimed that she had applied for her engagement as Anganwadi Helper for Anganwadi Centre G. S. Tiploo, Lone Mohalla, Ward No. 04, Khansahib, Budgam and that she was entitled to be given more weightage in the said selection process, as earlier her mother-in-law was working there as an Anganwadi Helper. 03. Mr Mohammad Rafiq Bhat, the learned Counsel for the Petitioner, submits that the official Respondents, pursuant to aforesaid advertisement notice, had issued a public notice, thereby publishing a tentative selection list of Anganwadi Helpers, wherein for the location of Anganwadi Centre G. S.
Tiploo, Lone Mohalla, Ward No. 04, Khansahib, Budgam, the Respondent-Ruksana Jawhar was shown to have been selected. It is further submitted that vide the aforesaid public notice objections had been invited from the non-selected candidates or the general public vis-à-vis the tentative selection list. As per the learned Counsel, the Petitioner, in pursuance of the said public notice, had filed her objections to th the tentative selection list on 24 of August, 2023, however, the same have not been considered by the official Respondents till date. It is argued that the official Respondents are in the process of finalizing the tentative selection list without consideration of the aforesaid objections so filed by the Petitioner. 04.
The learned Counsel for the Petitioner submits that the Petitioner shall feel satisfied in the event the present Petition is disposed of with a direction to the official Respondents to consider the objections filed by the Petitioner with regard to the tentative selection list published by th them in terms of public notice dated 24 of August, 2023, before finalizing the said selection list. 05. Having regard to the nature of relief sought for and keeping in view the submissions made by the learned Counsel for the Petitioner, this Writ Petition, at this stage, is disposed of with a direction to the official Respondents to consider the objections, stated to have been filed by the Petitioner with regard to the tentative selection list published in terms of th public notice dated 24 of August, 2023 relating to the post of Anganwadi Helper for the location of Anganwadi Centre G. S. Tiploo, Lone Mohalla, Ward No.
04, Khansahib, Budgam, before finalizing the said selection list, of course, in accordance with the Rules governing the subject. 06. Writ Petition is, thus, disposed of on the above terms, along with the connected CM. (M. A. CHOWDHARY) JUDGE SRINAGAR th July 29 , 2024 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document
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