SAPNA SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition under Art. 226/227 of the Constitution of India at the instance of Smt. Sapna Saxena appointed as Aanganwadi Wroker, Village Karvas, tehsil Gohad, District Bhind upon selection, challenging the order passed by the Collector dated 12/05/2016 (Annexure P/1) allowing application dated 15/10/2015 (Annexure P/8) filed by the respondent No.4, Ms.Sunita Upadhyay to be arrayed as party under Order I Rule 10 Civil Procedure Code in an appeal filed by the respondent No.5, Mata Prasad on 20/07/2012 questioning her appointment order dated 12/06/2012 (Annexure P/2).

(2.) Facts necessary and relevant for disposal of this writ petition are to the effect that the State Government has framed a policy for the purpose of selection and appointment of Aanganwadi Worker/Assistant. The amended policy dated 10/07/2007 (Annexure R/4-1) is on record which inter alia provides for an appeal under clause C-6 and the same reads as under:

(3.) The controversy involved in this writ petition relates to (i) maintainability of appeal at the instance of respondent No.5, Mata Prasad; (ii) allowability of the application under Order I Rule 10 Civil Procedure Code filed by the respondent No.4 and (iii) pregnability of the impugned order dated 12/05/2016 (Annexure P/1).