(1.) Since the parties are ready to argue the matter finally on the basis of record available, therefore, it is heard finally.
(2.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 28.02.2020 (Annexure-P/1) passed by the Commissioner setting-aside the order of the Collector dated 22.01.2018 (Annexure-P/10) and also set-aside the order of the Selection Committee whereby the petitioner has been appointed on the post of Anganwadi Sahayika as she was found meritorious and was granted 10 marks of BPL card.
(3.) Learned counsel appearing for respondent No.5 submits that against the selection of the petitioner, respondent No.5 preferred an appeal before the Collector challenging the same on the ground that the petitioner was not eligible to get the marks of BPL card as on the date of issuance of advertisement i.e. 07.07.2015, her name was not in the BPL list, but was included in it on 20.07.2015. However, on a complaint made against the said inclusion, an order has been passed on 03.08.2015 whereby her name was directed to be deleted from the list of BPL card holder and against which an appeal was preferred before the Commissioner, which was decided in the year 2016 and the inclusion of the name of the petitioner in the BPL list was found valid and accordingly, said inclusion was allowed. He further submits that as per the circular issued on 16.03.2018 clarifying the earlier position, the petitioner was not entitled to get the marks of BPL card because that circular which is at page No.44 of the petition, clarifies that if the name of the candidate is recorded in the list of BPL card holder before the issuance of the advertisement and her name continues to be in the list till final selection-list is published, then only the candidate is entitled to get the marks of BPL card. He also submits that in view of the aforesaid, admittedly, on the date of advertisement, the name of the petitioner was not in the BPL list, therefore, in view of the said circular, she was not entitled to get marks of BPL and accordingly the order passed by the Commissioner is proper. The selection of the petitioner made on the post of Anganwadi Sahayika is invalid and accordingly, the same may be cancelled.