1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6075/06 Smt. Kesar Devi & Anr. vs. State & Ors. Date of order : 27/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri D.S. Poonia for the petitioners. Shri B.L. Avasthi, Addl. Govt. Counsel for the State. Shri Sudesh Bansal for the respondent. ****** The petitioners have challenged the order dated 15.7.2006 by which their appointment as Agan Badi Karyakarta was cancelled under the order of Development Officer, Panchayat Samiti, Alsisar, Distt. Jhunjhunu. Shri D.S. Poonia, learned counsel relying on the Circular dated 4.2.2004 argued that minimum qualification for appointment for the post of Sahyogi of Agan Badi was only eighth pass and that the petitioner no.1 and 2 are secondary pass and petitioner no.3 is ninth pass and only Gram Sabha is competent to make such appointment and the BDO has no authority to cancel the appointment of the petitioners. Shri B.L. Avasthi, learned Additional 2 Government Counsel opposed the writ petition and argued that BDO had to pass the impugned order because there were gross irregularities in the selection of the Agan Badi Karyakarta inasmuch as the candidates far more qualified than the petitioner were ignored. Examples of the candidates having degree of graduation and B.Ed. have been given. In fact, application has been made before this Court by at least six such women candidates who are highly qualified as compared to the petitioner with grievance that their candidature was completely ignored. In view of the fact that candidature of more qualified candidates than the petitioner was completely ignored, the Development Officer while cancelling the selection directed for undertaking the exercise for selecting Agan Badi Karyakarta for three centres afresh. I am not inclined to uphold the argument of learned counsel for the petitioner with reference to the Government Circular dated 4.2.2004 that only Gram Sabha was authorised to select the candidates and the BDO is not competent to 3 pass the impugned order. Even if the Gram Sabha has been authorised to make selections, merit cannot be a complete casualty as any appointment has to be based on competitive merit of candidates applying for such appointment. If the Gram Sabha has acted in an arbitrary manner, the BDO would be very much competent to intervene and set the things right. The writ petition is dismissed accordingly. (MOHAMMAD RAFIQ), J. RS/