ANSUIYA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition against the order passed by the Collector dated 16.1.09 and also against the order dated 14.7.09 passed by the Additional Commissioner, Rewa, Division Rewa.

(2.) An advertisement in regard to appointment of Aganwadi worker for Ward No.39, Nagar Palika Nigam, Singrouli, Block Waidhan, district Sidhi was issued. In pursuance to the aforesaid advertisement, six applications were received and the petitioner was appointed to the post of Aganwadi worker. Respondent No.5 submitted an appeal before the Collector, Singrouli against the appointment of the petitioner on the ground that she belongs to backward community and received 44.27% marks in the intermediate examination. However, petitioner received only 38.88% marks and she was of general category, hence her appointment was illegal. The Additional Collector, after considering the circular issued by the Government in regard to appointment of Aganwadi worker has held that as per the circular the widow, deserted women, and the women belonging to backward class be given priority in the matter of appointment of Aganwadi worker, hence the authorities have violated the criteria in regard to appointment of the petitioner as Aganwadi worker. Consequently, the Addl. Collector, set aside the order of appointment of the petitioner as Aganwadi worker and directed the Officer of Department of Women and Child Development, Waidhan to issue appointment order of eligible candidate in accordance with the circular issued by the Government. Against the aforesaid order, petitioner filed an appeal before the Commissioner. The Commissioner upheld the order passed by the Addl. Collector.

(3.) It is admitted fact that the petitioner belongs to general category candidate and respondent No.5 belongs to backward class. She is also a widow. She received higher marks in the intermediate examination. As per the circular issued by the Government dated 27.5.06, the criteria was fixed for selection to the post of Aganwadi worker. This court in W.P.No.6385/09 has upheld the criteria. The same reads as under : - <JUDIMG>1236664-1</JUDIMG>