Kanwaljit Kaur v. State Of Punjab And Others

2023:PHHC:128956

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22314-2023(O&M) Date of Decision: 05.10.2023 Kanwaljit Kaur . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present:

Mr. Aditya Dassour, Advocate, for the petitioner.

Mr. Paramjit Batta, Addl. A.G., Punjab.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner is aggrieved of the select list prepared for the post of Anganwari Workers, wherein the petitioner's candidature has been ignored while the persons having lesser educational qualifications have been included in the select list.

2. It is noticed that the petitioner had submitted her grievance by way of representation before the Director, Social Security and Women and Child Development Department, Punjab, Chandigarh.

3. Keeping in view the scheme of the rules, the representation is to be treated as an appeal and the Director, Social Security and Women and Child Development Department, Punjab, Chandigarh, ought to have decided the representation by treating it as an appeal under the rules framed therein.

4. In view of the above, the Director, Social Security and Women and Child Development Department, Punjab, Chandigarh, is hereby MOHIT GOYAL 2023.10.06 16:41 I attest to the accuracy and integrity of this document

CWP-22314-2023 (O&M) 2023:PHHC:128956 directed to decide the representation by treating it an appeal, after examining the grievances raised by the petitioner objectively and after scrutinizing the entire record of the selection process. In case, it is found that the persons lower in merit have been included in the select list, leaving the eligible and higher meritorious persons, appropriate orders in that respect be passed, within one month. However, if on decision, it is found that there is no force in the grievance of the petitioner, speaking order be passed in respect thereto within stipulated period of time. The petitioner shall be free to challenge the order rejecting her claim, by filing further appeal before the Secretary, for redressal of her grievance, if she so chooses.

5. Writ petition is disposed of with the aforesaid observations.

6. All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE October 05, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No MOHIT GOYAL 2023.10.06 16:41 I attest to the accuracy and integrity of this document