Court No. - 6 Case :- SERVICE SINGLE No. - 4830 of 2010 along with Writ Petition No.3019 (S/S) of 2010 Petitioner :- Neelam Vishwakarma Respondent :- State Of U.P.Through Principal Secy.Bal Vikas Lucknow & Ors. Petitioner Counsel :- S.P.Maurya Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri S.P.Maurya, learned counsel for the petitioner, learned
Standing counsel for the opposite party No.s 1 to 5 while Sri
Piyush Mishra has appeared for the opposite party No.6.
Earlier the petitioner by means of Writ Petition No.3019 (S/S) of
2010 had challenged the termination order dated 23.4.2010 and by
means of the present petition the petitioner has challenged the
subsequent advertisement dated 23.6.2010.
The facts of this case simply put are that the petitioner was
engaged as Anganwadi Karyakartri in Gramsabha Rukunpur,
Block-Jalalpur, District -Ambedkar Nagar in the year 2008 on the
basis of marks obtained in Intermediate Examination passed by
her in the year 1999. A complaint was made that the petitioner had
again appeared in the Intermediate Examination in the year 2007.
The petitioner had taken that examination with overlapping
subjects which is not permissible under the regulations. The
petitioner’s argument is that she was not given opportunity before
the termination order was passed.
Learned Standing counsel has argued that this opportunity may not
have been given to the petitioner but she is unable to establish as
to what prejudice has been caused to the petitioner by the fact that
she was not given opportunity because even if opportunity was
given she would not have been able to improve her case. This is
against law.
Petitions lack merit and are accordingly dismissed.
Order Date :- 22.7.2010
RKM.