RANU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present intra-court appeal has been filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dtd. 27.07.2021 (Annexure A-1) passed by the learned Single Judge of this Court in W.P. No. 14080/2019 (Savita Singh Vs. State of M.P. and Ors.), whereby the learned Single Judge has allowed the writ petition filed by the respondent No. 6, Savita Singh (writ petitioner) and order dtd. 06.07.2019 passed by the Commissioner-Shahdol, Division Shahdol has been set-aside and the orders passed by the Collector-Shahdol District Shahdol dtd. 13.12.2016 and 10.05.2018 are upheld.

(2.) The facts of the case are that for the post of Anganwadi Worker in Grampanchayat Bhakura, Tehsil Jaisinghnagar, District Shahdol, applications were invited and the last date for submission of form was fixed as 27.10.2014. The appellant (respondent No. 6 in the writ petition) as well as writ petitioner (respondent no. 6 herein) applied for the same. Admittedly, at the time of submission of application form, the appellant was not having her caste certificate but she was having the caste certificate of her father and husband. The selection committee on the basis of the affidavit submitted by the appellant on 23.06.2015 and on the basis of the caste certificate of her husband and her father selected the appellant on being securing highest marks i.e. 49.40 marks. The petitioner/respondent No. 6 Savita Singh secured 49 marks and therefore, the appellant claims that the appellant has secured higher marks than the writ petitioner and therefore, she was entitled for appointment in place of the writ petitioner Savita Singh.

(3.) The appointment was challenged before the Collector, Shahdol by the writ petitioner/respondent No. 6 Savita Singh on the ground that since the appellant did not file her caste certificate alongwith the application form, therefore, she was not entitled to get five (5) marks towards the caste being Scheduled Tribe. The Collector, Shahdol remanded the matter by order dtd. 13.12.2016 directing the appointing authority to reconsider the matter. Thereafter, in the light of the order of collector, the order appointment of Savita Singh was issued on 07.03.2017, pursuant to which she joined on 08.03.2017.