IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 939 OF 2011 (S/S) Smt. Rakhi ……………..Petitioner. Versus State of Uttarakhand and others. .....………Respondents. Present: Mr. Sanjay Raturi, Advocate for the petitioner. Mr. Anil Bisht, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. Sanjay Raturi, Advocate for the petitioner and Mr. Anil Bisht, Standing Counsel for the State of Uttarakhand. The petitioner was a candidate for “Mini Anganwari Worker”, who had applied for said post for “Anganwari Centre Bhainkuri”, village Bhainkuri, District Uttarkashi. It is pleaded by the petitioner that the candidature of the petitioner was not considered and it her place the respondent No. 5 was appointed as “Mini Anganwari Worker”. The selection of “Anganwari worker” or a “Mini Ananwari Worker” is to be done under a Scheme given vide Government Order dated 24th of February 2009. As per the procedure prescribed in aforesaid Government Order, a Selection Committee at Block Level is first constituted. A procedure is prescribed for constituting this Selection Committee. Thereafter procedure is also prescribed how the 2 various vacancies of “Anganwari Workers” will be advertised, and how the selection will be made by the Selection Committee, and what will be the eligibility as well as the priorities given to a candidate in this selection. It is also the work of Selection Committee to publish a “tentative select list”, to be notified at various places including the Block Level Offices, so that if anybody wants to raise objections on these selections, he or she would be free to make such objections. The cases where no objection are made, the tentative selection list becomes final and the Child Development Project Officer issues appointment letter to such a candidate. In cases where objections are received, the mater is referred to the Appellate Authority, which is constituted under the Government Order dated 24th February 2009. The body of the Appellate Authority constituted is as follows: 1. Chief Development Officer – Chairman 2. A person nominated by the District Magistrate, who must be at least Class II officer, and 3. District Programme Officer, who will be the member Secretary of this appellate body. The Appellate Authority considers those cases where there is a complaint by complainant and other such related matters. This petition is therefore disposed of with the direction to the District Magistrate, Uttarkashi to refer the matter to the Appellate Authority constituted under the aforesaid Government Order 3 dated 24th of February 2009, who shall look into the representation of the petitioner and decide the issue after giving the opportunity of hearing to respondent No. 5 i.e. Smt. Sudakshina as well. It is made clear that when the representation is placed before the Appellate Authority, the same will be disposed of as expeditiously as possible, but definitely within a period of four weeks, from the date the matter is placed before it. The District Magistrate shall refer the matter to the appellate authority forthwith. With these observations, the writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 27.07.2011 Negi 4