IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 1408 of 2007. Decided on: 04.05.2009. __________________________________________________ Smt. Satya Devi … Petitioner. Versus The State of Himachal Pradesh & Ors. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. R.D. Kaundal, Advocate. For Respondents No. 1 to 4: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. For Respondent No. 5 : Nemo. ___________________________________________________________ Rajiv Sharma, Judge (Oral). Brief facts necessary for adjudication of this petition are that the interviews for the post of Anganwadi Worker were held on 15.10.1998. The petitioner submitted an application and she was called for interview on 15.10.1998. A bare perusal of Annexure P-1 reveals that the petitioner was selected since she had secured 9.5 marks. She was not offered appointment. The case of the respondent-State is that one Smt. Kiran Kumari had secured more marks than the petitioner. According to the respondents, the case of Smt. Kiran Kumari was required to be sent to the competent authority for relaxation of age. The respondent-State held fresh interviews on 3.5.2000 whereby the respondent No.5 was appointed as Anganwadi Worker. Her appointment was made subject to the final decision of this case. 1 Whether reporters of the local papers may be allowed to see the judgment?No. 2 Mr. R.D. Kaundal has strenuously argued that the petitioner’s suitability was adjudged by the Selection Committee and her name was recommended. He then contended that Smt. Kiran Kumari was under age and she could not be offered appointment. He finally contended that respondents No. 1 to 4 could not hold fresh interviews till the decision of this case. The learned Senior Additional Advocate General has argued that the petitioner was only 5th pass and Smt. Kiran Kumari was Matriculate. He further contended that the case of Smt. Kiran Kumari was required to be sent to the Director (Welfare) for relaxation of age. Respondent No.5 though served is not present. I have heard the parties and perused the record carefully. The petitioner had appeared in the interview on 15.10.1998. She was recommended by the duly constituted Selection Committee. She was required to be offered appointment to the post of Anganwadi Worker. Smt. Kiran Kumari had not attained the age of 21 years. The minimum and maximum age for filling up the post of Anganwadi Worker is between 21 to 45 years. The only ground assigned for not offering appointment to the petitioner to the post of Anganwadi Worker is that the case of Smt. Kiran Kumari could be sent to the Director (Welfare) for relaxation of age. The Court disapproves the manner in which the respondent- State has denied appointment to the duly selected candidate. In the present case, the petitioner was found suitable and Smt. Kiran Kumari was under age. The respondent-State further aggravated the situation by holding fresh interviews on 3.5.2000 without waiting for the outcome of this lis. Respondents No. 1 to 4 could not hold fresh interviews whereby respondent No.5 was selected to the post 3 of Anganwadi Worker. In case, the respondent-State was facing any difficulty, it should have approached this Court for seeking permission to hold fresh interviews. This has not been done by the State. Accordingly action of respondents No.1 to 4 holding fresh interviews is declared illegal. The decision of the State not to offer appointment to the petitioner is also declared illegal. The petitioner has been selected by the duly constituted Selection Committee and she belongs to the same village where Anganwadi Centre is situated. Accordingly, the writ petition is allowed. The selection of respondent No.5 to the post of Anganwadi Worker is quashed and set aside. Respondents No. 1 to 4 are directed to offer appointment to the petitioner pursuant to her selection made on 15.10.1998 within a period of four weeks from today. No costs. Copy ‘Dasti’. (Rajiv Sharma), J. May 4, 2009. (cr)