SMT. SAVITA COURASIA Vs. STATE OF M.P.

JUDGEMENT

(1.) I.A.No.4128/2014 has been filed seeking condonation of delay in filing the appeal. The delay in filing the appeal is condoned.

(2.) Challenging the concurrent orders passed by the Commissioner and the Writ Court in the matter of appointment of Anganwadi Karyakarta to Ward No.5 Palera District Tikamgarh, this appeal has been filed under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005.

(3.) Facts of the case goes to show that on 10th of July, 2007, an advertisement was issued calling for willing candidates to submit their applications for appointment on the post of Anganwadi Karyakarta. It seems that five candidates submitted their candidature and based on the same a select list provisional in nature was prepared by the Project Officer after due recommendations of the Selection Committee. The select list is Annexure-P/7. In the said list prepared, appellant herein Smt. Savita Chourasia was awarded 41.04% marks and she was shown at serial No.3 of the merit list. Respondent herein Smt. Sulekha Tiwari even though she received 45.30% marks was kept at serial No.1 of the merit list and it was indicated in the note to the select list that Smt. Sulekha Tiwari has prepared a BPL card issued by the authority of Ward No.6 and therefore it was held that she is ineligible for appointment. When this matter was placed before the competent appointing authority, the Committee found that Smt. Sulekha Tiwari is a resident of Ward No.5, she is eligible for appointment and merely because her BPL is issued by Ward No.6 she being a more meritorious candidate can not be denied appointment. Accordingly, disagreeing with the observations made in the provisional merit list, the competent authority issued a appointment letter appointing respondent No.3 Smt. Sulekha Tiwari on the post of Anganwadi Karyakarta.