CWP No.13466 of 2007 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 22.04.2009 Kuldip Kaur ... Petitioner Versus State of Punjab and others ... Respondents. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Sandeep Jasuja, Advocate,for the petitioner. Ms.Charu Tuli, Senior DAG, Punjab, for respondent Nos. 1 to 3. Mr.HS Sawhney, Advocate,for respondent No.4. PERMOD KOHLI, J. (Oral): Affidavit of C.D.P.O, Majitha, District Amritsar, dated 22.04.2009, has been filed today in Court. The same is taken on record. Copy given to the counsel opposite. I have heard the learned counsel for the parties at length. The petitioner has challenged the selection of respondent No.4 for the post of Anganwari Worker for the village Talwandi Khuman, Tehsil Majitha, District Amritsar, on the ground that she has better merit than respondent No.4. In the reply filed by the State, it is stated that the petitioner has secured 13 marks whereas respondent No.4 has secured 14 marks. Hence, respondent No.4 was appointed. The petitioner has passed Matriculation CWP No.13466 of 2007 -2- examination in second division. She is also ten plus two and B.A. Petitioner is also stated to be senior in age. Respondent No.4 also possesses the same qualifications. As per the criteria laid down by the respondents, the petitioner was entitled to one mark for second division in Matriculation which has not been awarded to her. In view of the above circumstances, the merit of the petitioner has not been appropriately and properly determined on the basis of the qualifications possessed by her. For the above reasons, this petition is allowed. Appointment of respondent No.4 is hereby quashed/set aside. The matter is remitted back to The Child Development Project Officer, Majitha, District Amritsar, respondent No.3, to redetermine the inter-se merit of the petitioner and respondent No.4 and on the basis of the laid down criteria, afresh selection be made. Let the entire exercise be completed within a period of two months from the date a certified copy of this order is made available to the authority aforesaid. The parties are at liberty to produce necessary documents before respondent No.3 within a period of two weeks from today. 22.04.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO