Eligibility Should Be Checked At Threshold, Not After Selection: Rajasthan HC Orders Appointment Of Asha Worker Denied Post Despite Selection

The Rajasthan High Court has direct the State authorities to appoint a woman to the post of Asha Sahyogini at Anganwadi Centre Mandela who was although selected but was denied the post by issuing fresh advertisement that too without cancelling the earlier selection process.

Before the high court the respondents claimed that the petitioner is not eligible on the eligibility on the ground of her not being resident of same village where she has to work as Asha Sahyogini.

Justice Arun Monga opined that it was a settled law that eligibility of a candidate had to be considered at the threshold of the selection process and not after a candidate was 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. The petitioner applied for the post in question in terms of the advertisement and did not conceal anything or mislead either overtly or covertly, so as not to be held ineligible during scrutiny of the application.”

The advertisement for the post was issued in 2018 following which the selection of the petitioner for the post was confirmed by the Gram Panchayat.

Despite that, instead of granting appointment to the petitioner, a fresh advertisement for the post was issued by the State in 2018 itself, without cancelling the previous advertisement or informing the Gram Panchayat about the new advertisement. Hence, the woman moved the high court.

After going through the application, the Court noted that she was allowed to participate in the selection process and even it is not a case of the respondents that she is not meritorious.

In absence of any concealment by the petitioner, the court held that  she could have been rendered ineligible during scrutiny of the application which was not done.

Accordingly, the petition was allowed, and the State was directed to appoint the petitioner within 30 days from the date petitioner approaches the competent authority with a web-print of the court order with all consequential benefits. 

Title: Santosh Devi v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 119

Click Here To Read/Download Order