8.90.3

6

Government ofJammu and Kashmir

Office of the Child Dev. Project Officer ICDS ProjectShangus

Subject: Provisional Selection of A WWW in AWC Chopan Mohalla Cheerpoora-"Implementation of Court orders passed by: i). Honb'le Court of District Development Commissioner Anantnag vide No: - DCA/PS-Reader/12/121 dated: - 7-05-2012 titled Massrat Jan W/o Manzoor Ahmad Mir R/o Cheerpora Shangus. ii). Hon'ble Court of Divisional Commissioner Kashmir on 19-11-2012 titled Neelofer Jan D/o Gh Nabi Khan R/o Cheerpora Shangus. iii). Honb'le High Court J&K Srinager in SWP No: - 2528/2012.CMP No: 4029/2012 on 25-04-2013 titled Neelofer Jan D/o Gh Nabi Khan R/o Cheerpora v/s State & others.

PUBLIC NOTICE/SELECTION OF AWWWhereas one post of Anganwadi Worker was sanctioned by Government under expansion phase II for Chopan Mohalla of Village Cheerpora in ICDS Project Shangus which was advertised by this office vide No: - CDPO/S/Estt-2010/1309-16 Dated: - 16-01-2010, for inviting application forms for the post of Anganwadi Worker.Whereas in response to above advertisement notice, two candidates namely Neelofer Jan D/o Gh Nabi Khan and Massrat Jan W/o Manzoor Ahmad Mir R/o applied for the post of Anganwadi Worker for Anganwadi Center Chopan Mohalla Cheerpora.Whereas the then selection committee selected one Neelofer Jan D/o Gh Nabi Khan R/o Mahadar Cheerpora as Anganwadi Worker for Anganwadi Center Chopan Mohalla Cheerpora and subsquemtly formal engagement order in her favour was issued by the then CDPO vide No:-CDPO/S/Estt-2010/119-122 dated: - 25-03-2010.Whereas the selection of Neelofer Jan was challenged by Massrat Jan through an appeal before the Honb'le Court of Deputy Commissioner Anantnag (Appellate Authority) who after getting the complaint enquired through Assistant Commissioner Revenue Anantnag and passed an orders on 07-05-2012 vide No: - DCA/PS/Reader/12/121. Dated: - 07-05-2012 the operative part of which order is as under:"Keeping in view the arguments put forth by Departmental Counsel, the report furnished by the Assistant Commissioner Revenue and also the provisions of Govt. Order No.07-SW of 2010 dated: - 18-01-2010, it can fairly be said that selection order of respondent no. 3 has not been made on merits and according to the provisions of law, hence illegal. Being not made as per the norms, same is set aside and official respondents are directed to consider the candidates of the hamlet strictly as per the norms as envisaged in Govt. Order No. 07-SW of 2010 appellants-meritorious be selected accordingly."Whereas Neelofer Jan D/o Gh Nabi Khan R/o Mahadar Cheerpora challenged the order Passed by Deputy Commissioner Anantnag (Appel-late Authority) before the Honble Court of Divisional Commissioner Kashmir through a revision petition.Whereas the Divisional Commissioner got the case enquired through Court Commissioner and subsequently after hearing the case at length dismissed the review petition filled by Neelofer Jan and upheld the order dated: 07-05-2012 passed by the Deputy Commissioner Anantnag. The operative part of the order passed by Divisional Commissioner on 19-11-2012 reads:I have heard the arguments advanced by the counsel for the respondent and gone through the report submitted by the Court Commissioner in the matter. It was revealed from the perusal of the Commissioners report that the process of selection has been made after the issuance of Govt. Order No: 07 -SW of 2010 dated: - 18-01-2010 inter-alia sets norms for identification of Anganwadi Center and selection of Anganwa-di Workers by replacement of Revenue Village by hamlet. The word Hamlet for purpose of setting Anganwadi Center shall be habitation of village comprising of households visibly demarcated by some geographical boundary having population. The concluding para of the Commissioners report is as under: -Regard being had to the facts and spot inspection read with mapping prepared by Pathwari Halka, it is evident that the residing position of Neelofer Jan is far away from Chopan Mohalla Center and the established residence of Massrat Jan W/o Manzoor Ahmad R/o Mir Mohalla, which is evidently nearer to Anganwadi Center of Chopan Mohalla and she has a merit higher than Neelofer Jan D/o Gh Nabi Khan R/o Mahunti Mahadar.Under the circumstances the revision petition is dismissed and the order dated 07-05-2012 passed by Deputy Commissioner Anantnag is upheld.Whereas aggrieved with the orders of Divisional Commissioner Kashmir Neelofer jan D/o Gh Nabi Khan filled a writ petition vide No: - 2528/2012 & CMP No:- 4029/2012 in the Honble High Court J&K Srinagar and the Honble High Court on 25-04-2013 disposed off thewrit petition, the operative part of which order reads:In view of the above, no ground is made out to admit this petition to hearing. The writ petition is accordingly dismissed in limine along with the connected CMP. The selection committee is directed to proceed afresh with the selection process from the cut off date fixed for receipt of applications in terms of Advertisement Notice Dated 16-01-2010 strictly in terms of Govt. Order No:- 07-SW of 2010 dated:- 18- 01-2010 and complete the process of selections within seven days from the date copy of this order is served on them. Interim direction dated 11-12-2012 is vacated.Whereas pursuant to the orders passed by the Honble High Court Srinagar on 25-04-2013 in SWP No. 2528/2012 and CMP No.4029/2012 the engagement order issued in favour of Nelofar Jan vide this office order No:- CDPO/S/Estt-2010/119-122 dated: - 25-03-2013 was cancelled by the then CDPO vide notice No:- CDPO/S/Estt/2013/81-87 Dated:-13/06/2013 and the eligible candidates who had applied for the post of Anganwadi Worker for Anganwadi Centre Chopan Mohalla Cheerpora in response to Advertisement Notice issued by this Office Vide No:- CDPQ/S/Estt 2010/1309 dated:- 16-01-2010 were informed through the above Public notice published in Greater Kashmir on 17/06/2013 to appear in the interview afresh for the post of Anganwadi Worker for Anganwadi Centre Chopan Mohalla of Village Cheerpora on- 26-06-2013 but later it could not held. Whereas the present selection committee through a fresh notice issued vide this office No:- CDPO/Estt/2013/401-05 Dated:- 19/12/2013 pub-lished in Kashmir uzma Dated:-22/r2/2013 informed the candidates for appearing in interview on 26/12/2013 in the office of the CDPOSh-angus.Whereas both the candidates are not residents of hamlet (chopan Mohalla) from which hamlet no candidate had applied, atthe time of ad-vertisement.Whereas In view of the order 07-SW of 2010 dated:- 18-10-2010 the area of operation for determining unit of selection had to be extended to next level i.e. Revenue village, therefore both candidates were interviewed.On the basis of interview by the present selection committee, merits of the candidates are as under,

S.No Name of the applicant Parentage/ Spouse. Residence Location ofAWC Matric Marks. % out of 85 Points. Interview points. Total Merit

1. Masrat Jan. Manzoor Ahamad Mir. Mir Mohalla Cheerpoora. Chopan Mohalla 215/500 36.55 06 (six) 42.55

2. Neelofar Akther. Gh. Nabi Khan. Mahadar Mohalla Cheerpora. Chopan Mohalla 205/500 34.85 07.5 Seven & half 42.35

Therefore Miss Masrat Jan D/o Manzoor Ahmad Mir being the meritorious candidate is hereby provisionally selected as AnganWadi Work-er against Anganwadi center ChoparjJVIphalla Cheerpoora.Objections if any from the aggrieved shall be received within 7 sevep/days fr/om the publication of this notice and after expiry of the said dates no objection shall be entertained The candidate is advised to produce her original relevant certificates to the office of the undersigned with in 7 days.

Sd/ Child Dev. Project Officer DIPK: 13268 ICDS Project Shangus