IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1392 of 2007 Decided on 16.6.2010 Manju Bala ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner: S/Shri N.K. Sood and S.S. Sood, Advocates. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) Petitioner is aggrieved since selection process for appointment of Anganwari Worker at Anganwari Centre, Suralkar has not reached its logical conclusion by declaration of result. 2. It is seen from the reply that the petitioner was the only candidate, who appeared for selection, but as per records, the family of the petitioner was not separated, as on 1.1.2004 and hence she was held ineligible. Stand taken by the Director is that only if a family is separated prior to 1.1.2004, a person is eligible to apply for selection as Anganwari Worker. 3. We have already held in CWP No. 1096 of 2010 Raksha Devi Vs. State of H.P. and others that separation of the family is not an essential pre-condition for selection and separation of the family is a provision only for the purpose of determining annual income with the ceiling of Rs. 12,000/- at the relevant date. 4. Therefore, for the only reason that a family is not separated, the petitioner cannot be disqualified. The dis-qualification will accrue only if the joint family’s income is above Rs. 12,000/-. 5. There will be a direction to the 5th respondent to process the case afresh in light of what we have held above and take a fresh decision within a period of one month on production of copy of this judgment for enabling the 5th respondent to do so, the order canceling the selection is set aside. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 16, 2010(K/HL) ( Justice Kuldip Singh ), Judge