IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3961 of 2010 Date of decision : November 24, 2010 Bandna Devi …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Manohar Lal Sharma, Advocate. For the Respondents : Mr. Vikas Rathore, Deputy Advocate General and Mr. Ramesh Thakur, Assistant Advocate General, for respondents No.1 to 4. Ms Archana Dutt, Advocate, for respondent No.5. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. There was a vacancy of Anganwari Helper in Anganwari Centre Kaswara. Only the petitioner applied for appointment against the aforesaid vacancy. She was interviewed, selected and appointed. Her appointment was challenged by respondent No.5 Shushma Kumari, on the ground that she did not belong to the survey area, defined for Anganwari Centre Kaswara, and as such she was not eligible for appointment. Challenge was made by her, by filing an appeal before the Deputy Commissioner. That appeal was allowed and the appointment of the present petitioner quashed. Petitioner then approached the Whether reporters of the local papers may be allowed to see the judgment? …2… Divisional Commissioner, by filing appeal. Her appeal stands dismissed. 3. Respondents have not filed replies, despite opportunity having been granted. 4. This Court passed an order on 26th July, 2010, directing the Divisional Commissioner, Kangra, to hold enquiry and to submit report, whether the petitioner could have been appointed as Anaganwari Helper for Anganwari Centre Kaswara or not, in accordance with the guidelines and the eligibility criteria fixed by the Government. 5. Divisional Commissioner has submitted report. The same has been produced by the learned Deputy Advocate General today, in the Court, which is ordered to be taken on record. As per this report, petitioner, being the only candidate, could have been appointed as Anganwari Helper, even though she did not belong to the survey area, in respect of Anganwari Centre Kaswara. 6. A Division Bench of this Court, in CWP No.3956 of 2010, vide judgment dated 26th July, 2010, has held that when there is no candidate from the concerned survey area and a candidate from a different survey area is there, such a candidate can be appointed as Anganwari Worker or Helper, in exercise of relaxation power, under Clause-11 of the Policy Guidelines. It has also been held that a person, who is not a candidate for the post, has no right to challenge the appointment, even if that person hails from the concerned survey area. …3… 7. In view of the abovestated report of the Divisional Commissioner as also Division Bench judgment of this Court, writ petition is allowed and impugned order dated 16th February, 2009, copy Annexure P-1, of the Deputy Commissioner and order dated 21st June, 2010, copy Annexure P-2, of Divisional Commissioner, are set aside. Petition stands disposed of. Pending application, if any, also stands disposed of, having become infructuous. November 24, 2010(sd) ( Surjit Singh ), J