UMADEVI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner in this writ petition has challenged the order dated 02/05/19 passed by Commissioner Sagar Division Sagar M.P. Petitioner along with other candidates had applied for the post of Anganwadi worker in Anganwadi Centre Rajapur, Tehsil Newari, District Tikamgarh MP and provisional list which was prepared for appointment on the post of Anganwadi workers. Nirmala Devi Kushwaha secured 50 marks, Geeta Paul secured 49.2 to marks, Shashi Kushwaha secured 49.11 marks, Uma Devi secured 48.70 marks and Devi rani Kushwaha secured 46.10 marks.

(2.) Objections were filed against the provisional list prepared by the selection committee. Objection of Devi Rani Kushwaha was considered and she was granted 10 marks for belonging to BPL category. The total marks obtained by Devi rani Kushwaha became 56.10 therefore appointment order was issued in her favour on 11/04/17. Appeals were filed by Nirjala and also Uma Devi before Collector. Collector allowed the appeal of Nirjala and dismissed the appeal filed by Uma Devi the present petitioner. Appointment of Devi Rani was set-aside by Collector vide order dated 23.11.2017 and Nirjala was held to be entitled to get appointment for Anganwadi worker. Aggrieved by the order passed by the Upper Collector Smt. Deva rani, Smt. Uma Devi and Smt. Geeta rani had filed appeal before Commissioner Sagar Division Sagar MP. Commissioner vide its order dated 02/05/19 dismissed the appeal of Dev Rani as well as of Uma Devi. Appeal of Geeta Devi was partly allowed and she has secured highest marks and therefore order was passed to give appointment as per merit list.

(3.) Petitioner Uma Devi has preferred the present writ petition before this Court challenging the order of Commissioner Sagar Division Sagar. The principal ground of challenge is that petitioner is entitled to get 5 marks for belonging to reserved category. She was wrongly denied 5 marks of reserve category though she belong to scheduled caste category. Learned Commissioner has considered the ground raised by the petitioner and it was held that a person has to be local resident of the area and caste certificate is issued on the basis of local residence. Since petitioner Uma Devi has a caste certificate from State of U.P. therefore she was not given 5 marks for the caste certificate and her appeal was dismissed. The only question before this Court is whether petitioner is entitled to get 5 marks for belonging to SC category or not?