HEENA KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 14.09.2018 whereby the application filed under Order 1 Rule 10 of the CPC has been rejected by Additional Collector.

(2.) Facts of the case is short are as under: The respondent issued an advertisement for appointment to the post of Anganwadi worker at Anganwadi Center, Ward No.2, Dahi, District Dhar. The petitioner and two others have submitted the application in pursuant to the aforesaid advertisement. On 07.06.2016, a provisional merit list was issued in which respondent no.5 was placed at serial no.1 and the petitioner was placed at serial no.2 and one Tabassum was placed at serial no.4. Tabassum filed an objection and the same was considered in her favour and in the final selection list prepared on 16.03.2017, she was placed at serial no.1 and appointment order was issued in her favour. In the final list, respondent nos.5 and petitioner have been placed at serial no.2 and 3 respectively.

(3.) Being aggrieved by the selection of Tabassum, respondent no.5 preferred an appeal before the Collector. During pendency of the appeal, Tabassum died on 18.07.2018 and the respondent treated the said post as vacant and issued a fresh advertisement for filling the said post. Meanwhile, the SDO has cancelled the BPL Card issued in favour of respondent no.5 on 03.05.2017 on the account of aforesaid development, the present petitioner being an aspirant to the post of Anganwadi Worker submitted an application under Order 1 Rule 10 of the CPC alongwith the application for stay of the fresh selection process. Vide impugned order dated 14.09.2018, the Additional Collector has dismissed the application as the petitioner has filed the application after one year of filing of the appeal, hence, the present petition before this Court.