SHYAMAL Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) This Writ Petition is filed seeking directions to the Respondents to appoint the petitioner as Anganwadi Karyakarti (Sevika), as she is already working as Anganwadi Madatnis in the light of the Government Resolution dated 5th August, 2015. There is a further prayer seeking direction to Respondent Nos. 2 and 3 to decide the representations dated 13th March, 2013 and 7th March, 2013. It is further prayed that, the respondents be restrained from filling in the post of Anganwadi Karyakarti (Sevika) in Anganwadi No.79 at Pethsangvi, Tq. Omerga, Dist. Osmanabad. By way of amendment on 10th April, 2013, further petitioner has prayed for quashing the selection process initiated by Respondent No.3 for appointment of Anganwadi Sevika (Karyakarti) in Anganwadi No. 79 at Pethsangvi, Tq. Omerga, Dist. Osmanabad, and by way of further amendment on 17th March, 2015, further relief is claimed to quash and set aside the selection process/recruitment process initiated by Respondent No.3 in terms of Government Resolution dated 16th November, 2013.

(2.) It is the case of the petitioner that, she was appointed as Anganwadi Madatnis in the year 2011 in Anganwadi No. 79. She passed preliminary exam of Yeshwantrao Chavan Open University. Accordingly she was allowed to appear for B.A. Ist year examination. She successfully passed the said examination by securing 73% marks. Since the post of Anganwadi Karyakarti (Sevika) is vacant at Petsangavi, the petitioner was given additional charge of the said post. According to the petitioner, passing of 1st year examination of B.A. from Open University is equivalent to passing of 10th and 12th standard and same entitles the candidate for the purposes of direct appointment as Anganwadi Karyakarti (Sevika). The Government Resolution dated 5th August, 2010 enables the appointment of the Anganwadi Madatnis as Anganwadi Karyakarti. Anganwadi Madatnis working in the same center (Anganwadi), who fulfilling the criteria is eligible for direct appointment as Anganwadi Karyakarti (Sevika) by virtue of Government Resolution dated 5th August, 2010. According to the petitioner, the authorities are trying to fill up the post of Anganwadi Karyakarti (Sevika), where the petitioner is working, by their own choice and without following due procedure. Respondent No.3 is not processing the proposal of the petitioner for direct appointment as Anganwadi Karyakarti (Sevika) in view of the Government Resolution dated 5th August, 2010.

(3.) It appears that, this Court granted leave to the petitioner to amend the Petition and by way of amendment, the petitioner has inserted para 9A and prayers in the Petition seeking quashment of selection process initiated by Respondent No.3.