ROSHINI Vs. MAYA

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed against order dtd. 1/4/2024 passed by Commissioner, Sagar Division Sagar in case No.225/Appeal/2023-24 by which appointment of petitioner on the post of Anganwadi Worker, Anganwadi Centre Bann has been set aside and respondent No.1 has been directed to be appointed on the said post.

(2.) The undisputed facts are that on 23/2/2021, an advertisement was issued by the Women and Child Development Department, Sagar Division Sagar thereby inviting applications from eligible candidates for the post of Anganwadi Worker, Sahayika as well as Mini Anganwadi Worker including the post of Anganwadi Worker, Anganwadi Centre Bann. The last date for submission of application was 31/3/2021. Total 11 candidates including petitioner as well as respondent No.1 submitted their applications. On 16/6/2021, the Selection Committee prepared the comparison chart. Respondent No.1 was granted 10 bonus marks for holding BPL card and accordingly, she secured 48 marks, whereas petitioner secured 45.9 marks. The name of respondent No.1 was placed at serial No.1 and the name of petitioner was placed at serial No.3 in the comparison chart. On the very same day merit list was issued and the name of respondent No.1 was placed at serial No.2. An objection was filed to the tentative final list and by decision dtd. 19/4/2022, it was decided by the Board that respondent No.1 is not entitled for 10 marks for holding BPL card because her BPL card was set aside by order dtd. 12/4/2021 and after reducing 10 marks her total marks came to 38, whereas Smt. Arti Pateria resident of Barela has scored highest marks and accordingly, she was selected. It is submitted by counsel for petitioner that since Smt. Arti Pateria also got selected for a different Anganwadi Centre, therefore, she did not join and accordingly, present petitioner was given appointment by order dtd. 12/8/2022 having scored 45.9 marks, whereas respondent No.1 had scored 38 marks and on 16/8/2022, petitioner also submitted her joining.

(3.) Being aggrieved by order of appointment dtd. 12/8/2022, respondent No.1 filed an appeal before the Collector, Chhatarpur. The Collector, Chhatarpur by order dtd. 17/4/2023 passed in Appeal No.18/Appeal/Anganwadi/2022-23 dismissed the appeal filed by respondent No.1.