KALABAI Vs. WOMEN AND CHILD DEVELOPMENT DEPT.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, has been preferred by the petitioner being aggrieved by the order dtd. 11/1/2017 passed by respondents No.2 and 3 as affirmed in appeal by the order dtd. 13/7/2017 (Annexure P/13) passed by the Collector, District Shajapur, whereby her claim for appointment on the post of Anganwadi Assistant in Anganwadi Centre, Dewlabihar, Tehsil Gulana, District Shajapur has been dismissed. The petitioner has also challenged the order dtd. 15/11/2018 (Annexure P/15) passed by the Additional Commissioner, Ujjain Division, Ujjain whereby the second appeal preferred by her against the aforesaid orders has been dismissed.

(2.) The respondent No.1 / State has issued guidelines dtd. 10/7/2017 (Annexure R-4/8) in respect of selection and appointment of Anganwadi workers and assistants in the State of Madhya Pradesh. The said scheme under Clause B provides the essential qualifications for appointment of an Anganwadi Assistant. The minimum qualification prescribed in the urban and rural area is Class V. As per Clause B-2 of the guidelines, the total marks to be awarded to a candidate are 100 while determining the merit list. The additional qualifications or the circumstances as provided in the said clause prescribes different marks for different circumstances / exigencies. If a candidate belongs to Scheduled Caste / Scheduled Tribe she would get 10 marks. If she is below the poverty line she would get 10 marks. If she is a widow / deserted / divorced / below the age of 30 years she would get 10 marks. For Class Vth mark sheet, upto 40% she would get 30 marks and above 40%, for every two percent she would get one mark and if she has passed Class 8th or possesses higher educational qualification she would get 10 marks.

(3.) As per the said guidelines, advertisement was issued by respondent No.1 in a news paper for appointment of Anganwadi Assistant in Anganwadi Center, Devlabihar, Tehsil Gulana, District Shajapur. In response to the said advertisement, petitioner, respondent No.4 and others applied for the said post. Along with the application, they submitted documents for the purpose of proving their eligibility, qualification and entitlement to get additional marks. After receipt of all the applications, the same were considered by the District Project Officer, Integrated Child Development Scheme, Shajapur, respondent No.2 and 3 and a provisional merit list was published on 22/12/2016. Therein the petitioner was placed at Serial No.4 whereas respondent No.4 was placed at Serial No.1. It was stated therein that any objection to the list can be preferred upto 29/12/2016.