Court No. - 38 Case :- WRIT - A No. - 39133 of 2010 Petitioner :- Vandana Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Parvez Iqbal Ansari Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
The grievance raised by the petitioner in the present writ petition is
regarding the order passed by the District Magistrate dated
12.05.2010. It appears that in a selection proceeding for the post of
Aganwari Worker there were certain disputes and one Pramila
Yadav was selected. Smt. Arti Singh was having some grievances,
as such, she filed a writ petition before this Court and the writ
petition was disposed of finally on 17.07.2010 directing the
District Magistrate to consider the issue. The District Magistrate
has passed an order holding that Smt. Pramila Yadav’s selection
was not in accordance with law and according to merit one Arti
Singh has been recommended to be posted on the post of
Aanganwari Worker.
Now the petitioner has filed a writ petition raising a grievance that
she has not been afforded the opportunity.
In my opinion, there is no occasion for the Authority concerned to
provide any opportunity to the petitioner being the fact that
petitioner was nowhere in picture. In case the petitioner was in the
merit list either at serial No. 2, 3 and 4 in the list, she should have
taken care off regarding the pendency of the writ petition or
pendency of the proceeding before the District Magistrate on the
basis of direction issued by this Court. But the petitioner has never
come across or submitted any application before any authority
raising her grievance.
Therefore, in my opinion, petitioner cannot challenge the order of
the District Magistrate dated 12.05.2010. In case the petitioner is
having any grievance regarding selection of Arti Singh, she can
make an application before the District Magistrate to this effect
stating therein that she is entitled to be selected.
In such circumstances, no relief can be granted to the petitioner
while exercising powers under Article 226 of the Constitution of
India. According to the petitioner she has already submitted a
representation. It is open to the District Magistrate to consider the
grievance of the petitioner.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 8.7.2010
Sazia