o' ^/1/^2. 3it@' " ,. •-..: Ji.^'ft^?(f ^ &^ ^:.'. -•'.--. ^ f- siiS83,..£ gti];j"i! IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.l ^ ^ WRIT PETITION. (S) N0.^&OF 2007 PETITIONER :- /^Smt. Smt. Shashikala Anchal W/o. Shri Joharilal Anchal, aged about 19 Years, Occupation - Aganwadi Worker, f'- R/o. Village - Domanpur, Gram Panchayat Domanpur, post- Kishungarh ^ .:-?\<"/ ^y^' ^^^ y •^s^"' .»*' '^^v'"' Tahsil &Vikashkhand -Pandariya Distt.- Kabeerdham (C.G.) VERSUS RESPONDENTS ^t State of Chhattisgarh through the Secretary Panchayat and Social Department Mantrataya D.K. S. Building Raipur ( C.G.) The Director, Women and Child, Development Department Chhattisgarh Raipur, Tahsil and Distt.- Raipur (C.G.) The Additional Collector Kabeerdham, Distt.- Kabeerdham (C.G.) 4- 5, <•' The Project officer, Integrated Child, Development Pa.idariya, Vikash Khand Padariya, Distt.- Kabeerdham ( C. G. ) Chief Executive officer,3anpad Panchayat Pandariya, Tahsil - Pandariya , Dlstt.- Kabeerdham (C.G.) i^ Smt. Kamlesh Baghel W/o. Jagdish Prasad Baghel, aged about 21 years, R/o. R/o. Village - Domanpur, Gram SB f^ HIOH COURT OF CHHATTISGARH AT BILASPUR SLhiGLE BENCH : HON'BLE MR. SATlSH K. AGNiMOTRI, J. WRIT PETITtON (S.) N0.583 OF Petjtioner Smt. Shashikala Anchal versys Respondents : State of Chhattisgarh and others Present : Mr. Sunii Sahu, counsei for the petitioner. ^4s. Sunita Jain, Panel Lawyerforthe State/respondents No.1 to 4. ^- QRDER (Passed on 29th Day of January, 2007) By this petition, the petitioner has challenged the appointment of respondent No.6 on the post of Anganbadi Worker by impugned order dated 30-12-2006 (P-1) passed by the Additional Collector, Kabirdham. 2. The sole contention of ths petitioner is that the required qualification for appointmenf on the post of Anganbadi Worker is V!l!th Class Examination Pass. Respondent No.6 has admittedly obtained 54% marks and the petitioner has passed Vlllth Class Examination by supplementary examinations and uitimateiy obtained iesser marks than respondent No.6. Thus, the order of appointment of the petitioner shouid not have been cancelled on the ground that respondent No.6 f^ obtained more marks in Vfllth Class Examination becausa the qualification is Villth Class Examination Pass not the marks obtained in the said examination. 3. The petitioner has contended further that the petitioner is below poverty tine, as such priority should be given to her. However, the petitioner couid not point out whether respondent No.6 is betow poverty line or above poverty iine. The appointment of the petitioner vide order dated 8-11 -2006 and joining thereafler couid not have been cancelled even on ths ground of irreguiarity in selection by impugned order dated 30-12-2006 (P-1) without afTording an opportunlty of hearing to the petitioner. 4. The principles of natural justice, it is well settled, cannot b®put into a straitjacket formula. In a given case, where the facts are admitted, the petitioner should aiso show that he was seriously prejudiced by denial of principles of natural justice. tn the present case, facts are acimitted that respondent No.6 has higher marks and the petitioner has not shown that she was seriously prejudiced. (See Vice- Chainnan, Kendriya Vidyalaya Sangathan and another vs. GtnfhartlsS Ysdav and Vweka Nand SeW vs. Chainnan, J&K Bank Ltcf. and others). 5. The first contention of the petitioner, that the minimum requirement is Vlllth Class Examination Pass and obtaining more marks is not the criteria, is frivoious and deserves to be rejected. 6. The petitioner has no right to appointment when admittedly respondent No.6 has obtained more marks in Vlllth Class Examination. With regard to other criteria, the petition iacks materiai facts. 7. The petitioner has not shown any other document or submitted any other reason indicating that the petitioner ought to be given priority for appointment. 8. Thus, this petition deserves to be and is dismissed summarily. No order as to costs. Sd/- Satish K. Agnihotri Judge 1 (2004) 6 SCC 325 2 (2005) 5 SCC 337 \ ^- Qopal