IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 424 of 2008 (S/S) Smt. Damyant Devi ………..Petitioner. Versus State of Uttarakhand and others. ………Respondents. Present: Mr. B.S. Negi, 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. B.S. Negi, Advocate for the petitioner and 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 2 committee at Block Level is first constituted. A procedure is prescribed for constituting this Selection Committee. 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 the “tentative select list” to be notified at various places including the Block Level Offices, so that if anybody wants to object to these selection, 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 objection 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. 3 The petitioner was a candidate for “Angan Bari Worker” for “Angan Bari Centre Sunla, Tehsil Tharali, District Chamoli. The contention of the petitioner is that her name figured in the tentative select list and thereafter in final select list and thereafter she also completed the training of “Angan Bari Worker”. All the same, her selection was cancelled by the District Programme Officer vide order dated 3.5.2008 stating that she was given priority on the basis of past experience whereas as per Government Order priority has to be given to only working “Angan Bari Workers”. Admittedly, this order has been passed without giving any opportunity of hearing to the petitioner. Order dated 3.5.2008 (annexure no. 10 to the writ petition) is therefore liable to be set aside and is hereby set aside. However, since more than two years have passed from the date of filing of the writ petition, learned State counsel asserts that some other candidate may be working as “Angan Bari Worker”, the writ petition is disposed of with the direction to the petitioner to move a representation before the Appellate Authority, who shall pass a speaking order therein after giving all the concerned and interested parties an opportunity of hearing including the present incumbent, as expeditiously as possible but in any case beyond a period of eight weeks from the date of filing of such representation by the petitioner. It must be clarified that 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. 4 Even amongst them in most cases they are widows, divorced women, etc. Subject to just exceptions, 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! With these observations, the writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 28.3.2011 Rathour