UMA LODHI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Alabhya Bajpai, learned counsel for the petitioner in R.P. No. 791/15. Shri Y.D.S. Chouhan, learned counsel for the petitioner in R.P. No. 853/15. Shri Y.D. Yadav, learned Panel Lawyer for the respondent/State.

(2.) With the consent of learned counsel for the parties both the review petitions are being heard and finally disposed of by this common order. For the sake of convenience the facts are being taken from RP No.791/15. This review petition has been filed by Smt. Uma Lodhi seeking review/modification of the order dated 1.10.2015 passed in W.P. No. 15008/14 (Smt. Kusum Kachhi Vs. State of M.P. & Ors.) . The review petitioner was the respondent No. 6 in the said writ petition.

(3.) Briefly stated Smt. Kusum Kachhi was appointed on the post of Anganwadi Worker. Smt. Uma Lodhi challenged the selection and appointment of Smt. Kusum Kachhi by filing an appeal before the Collector. The Collector vide order dated 19.6.2014 allowed the appeal by holding that on the cut off date fixed in the advertisement, the age of Smt. Kusum Kachhi was below the minimum prescribed age for the said post. The Collector ordered for appointment of Uma Lodhi in place of Smt. Kusum Kachhi by observing that since she is first in the waiting list, she is entitled for being appointed. The Commissioner in the appeal filed by Smt. Kusum Kachhi maintained the order passed by the Collector. Feeling aggrieved by the aforesaid orders W.P. No. 15008/2014 was filed by Smt. Kusum Kachhi. This court found that on the cut off date (1.1.2012) Smt. Kusum Kachhi was below the age of 18 years, upheld the finding of the Collector and the Commissioner cancelling the appointment of Smt. Kusum Kachhi. While deciding the writ petition, this Court considered the law laid down by the Honourable Supreme Court in the case of Shankar K. Mandal & Ors. Vs. State of Bihar & Ors. (2003) 9 SCC 519 and in the case of Ashok Kumar Sonkar Vs. Union of India & Ors. (2007) 4 SCC 54 .