IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 273 of 2011 (S/S) Km. Kavita ………..Petitioner. Versus State of Uttarakhand and others. ………Respondents. Present: Mr. Abhishek Verma, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 4. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. Abhishek Verma, Advocate for the petitioner as well as Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Under a Scheme started in the erstwhile State of Uttar Pradesh, somewhere in late 80s, which continued in the State of Uttarakhand, “Angan Bari Workers” are appointed in “Angan Bari Centres”, which are situated almost in all villages. It is a village level appointment made by the concerned Child Development Project Officer. The selection and appointment procedure of “Angan Bari Karyakatri”, “Sahayika Angan Bari Karyakatri” and “Mini Angan Bari Karyakatri” are presently governed by various Government Orders but primarily by Government Orders dated 24th February, 2009, 3rd September, 2009 and 31st May, 2010. The main scheme today is given in a Government Order issued by the Government of Uttarakhand on 24th February, 2009. These are all admitted facts. As per the said Government Orders, reference whereof has already been given above, a selection committee at Block Level is first constituted. A procedure is prescribed for constituting this Selection Committee. 2 Thereafter procedure is also prescribed how the various vacancies of “Angan Bari Workers” will be advertised for all the “Angan Bari Centres” 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 will be needless to elaborate on this aspect at the present juncture. As per the procedure prescribed in the Government Order dated 24th February, 2009, the Selection Committee shall 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 objections 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 matter 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 after considering the objections passes appropriate order therein. The Appellate Authority has to take a decision on this matter within 15 days as per the Government Order dated 24.2.2009. The petitioner was a candidate for “Angan Bari Worker” for “Angan Bari Centre Dhimarkhera fourth, 3 District Udham Singh Nagar. The contention of the petitioner is that the duly constituted Selection Committee found the petitioner suitable for appointment as an “Angan Bari Worker” and thereafter published a tentative select list, in which her name figured. However, she was not given appointment on the sole ground that she had not applied for “Angan Bari Centre” Dhimarkhera fourth but for “Angan Bari Centre” Dhimarkhera fifth. The petitioner further contends that she had only applied for “Angan Bari Centre” Dhimarkhera fourth and her name figured in the tentative select list for appointment in the said “Angan Bari Cente and, therefore, not giving the appointment to the petitioner without any reason is wholly arbitrary. Be that as it may, the fact of the matter is that vide Government Order dated 24th February, 2009 such a mechanism is provided in the form of Appellate Authority to look into the matter where there are any objections to the candidature. It is also true that there are certain cases where the Government Order, as referred above, is silent as to whether a candidate should approach after she has been selected finally by the Selection Committee inasmuch as the Appellate Authority has only got the right to hear the matters forwarded by the Selection Committee. All the same, since an alternative forum already exists in the form of Appellate Authority, the writ petition is disposed of with the direction that the petitioner will move a representation before the Appellate Authority for redressal of her grievance, who shall pass a speaking order therein after hearing the petitioner. Learned State Counsel asserts that since a long time has passed from the date of filing of the writ petition, there might be another incumbent working as “Angan Bari 4 Worker” in the said “Angan Bari Centre”. It is, therefore, directed that the Appellate Authority shall also hear the present incumbent along with the petitioner. It must be clarified that though an appointment of an “Angan Bari Worker” is only under a Government Scheme yet for those “Angan Bari workers” who are so appointed, it carries a great meaning as the candidates for this work belong to the deprived or rather financially insecure stratum of our society who reside in a village. Even amongst them, in most cases, they are widows, divorced women, etc. Subject to just objections, these women have a legitimate expectation to be appointed as an “Angan Bari Worker” once their names figure in the tentative select list. It is also true that if merely one is selected one does not get any indefeasible right for appointment, yet it is equally true that if the appointment is denied, plausible reasons must exist for such a denial! The Appellate Authority is hence directed to take a decision on this matter by passing a speaking order as expeditiously as possible but in no case beyond a period of eight weeks from the date a representation along with a certified copy of this order is produced before it. It is expected that the Appellate Authority will act with due fairness in accordance with the principles of natural justice and fair play. With these observations, the writ petition is disposed of. It is, however, directed that in case some body else has been selected and appointed as “Angan Bari Worker” for that centre in the meanwhile then before passing any orders she would also be heard. No order as to costs. (Sudhanshu Dhulia, J.) Avneet 28.3.2011