HEMANT DEVI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 21/06/2019 (Annexure P/2), whereby the Collector, District- Datia (M.P.) allowed the appeal of respondent no.5 and set-aside the appointment of the petitioner on the post of Aaganwadi Sahayika. She is also aggrieved by the order dtd. 08/03/2021 (Annexure- P/1), whereby the Additional Commissioner, Gwalior Division, Gwalior has dismissed her second appeal.

(2.) The facts necessary for decision of this case are that an advertisement was issued by the office of the District Programme Officer, District- Datia on 06/12/2017 (Annexure- P/4) inviting applications for appointment on the post of Aaganwadi Sahayika in various Aanganwadi Centres. The petitioner as well as respondent no.5 applied for appointment in Aanganwadi Centre at Village Porsa, Tahsil- Bhander, District- Datia (M.P.). In the merit list, the name of respondent no.5 was placed at serial no.1 while one- Kripa Jatav was at serial no.2 and the petitioner was placed at serial no.3. During scrutiny, the District Programme Officer found that the respondent no.5 does not satisfy the age criteria prescribed in the advertisement, therefore, her candidature was rejected. The candidature of Kripa Jatav was also not found suitable and, therefore, the petitioner was granted appointment on the post vide order dtd. 05/04/2018 (AnnexureP/3). In the present case, there is no dispute with regard to Kripa Jatav and, therefore, the same is not being considered.

(3.) The respondent no.5 being aggrieved by cancellation of her candidature, filed an appeal before the Collector, District- Datia (M.P.). The appeal was allowed vide impugned order dtd. 21/06/2019 passed by the Additional Collector, District- Datia (M.P.), whereby the respondent no.5 has been found eligible for appointment and consequently, the petitioner's appointment has been cancelled. The second appeal filed by petitioner also suffered dismissal vide order dtd. 08/03/2021 passed by the Additional Commissioner, Gwalior Division, Gwalior.