The Rajasthan High Court has ruled in favor of a woman who was denied the position of ASHA Sahyogini at the Anganwadi Centre in Mandela, despite being selected. The court directed the state authorities to appoint her, emphasizing that eligibility criteria should be verified at the start of the selection process rather than after selection.

Background of the Case

The petitioner, Santosh Devi, had applied for the post of ASHA Sahyogini at the Anganwadi Centre in Mandela following an advertisement issued on January 3, 2018. After due process, the Gram Sabha selected her on February 15, 2018, and the Gram Panchayat sent confirmation to the concerned authorities.

Read also: Rajasthan High Court: Imminent Threat to Public Peace Essential for Action Under Section 145 CrPC

However, instead of granting her the appointment, the state government issued a fresh advertisement for the same post on July 4, 2018, without canceling the previous selection process or informing the Gram Panchayat. This led Santosh Devi to challenge the decision in the High Court.

Court Observations

The court reviewed the records and noted that Santosh Devi had participated in the selection process without any concealment or misrepresentation. Justice Arun Monga emphasized that eligibility should be assessed at the beginning of the recruitment process and not after a candidate is declared successful.

"Trite it may sound, but the eligibility is to be reckoned at the very threshold of the selection process and not after a candidate is declared successful. To that extent, clearly, the shoe is on the other foot in the present case."

Read also: Rajasthan High Court: Compensation Under MV Act Payable to Siblings Along with Parents

The court also observed that the respondents failed to dispute the petitioner’s merit and did not claim that she lacked the necessary qualifications.

Court's Decision

Considering the facts, the court ruled in favor of the petitioner and issued the following directives:

• The state must appoint Santosh Devi within 30 days from the date she presents a web print of the court order to the competent authority.
• She is entitled to all consequential benefits.
• Monetary benefits will be applicable from the date she joins the service.

This ruling reinforces the principle that recruitment eligibility should be determined at the initial stage of the selection process. It also sets a precedent that authorities cannot arbitrarily alter the recruitment process without canceling the previous one.

Read also: Rajasthan High Court Gets Four New Judges as Centre Approves Appointments

The judgment ensures fairness in public sector recruitment and prevents unnecessary delays in appointments, which can affect both the selected candidates and the communities relying on these services.

Title: Santosh Devi v State of Rajasthan & Ors.