Madhya Pradesh High Court
Smt Archana Kunbi vs The State Of Madhya Pradesh on 22 February, 2019
THE HIGH COURT OF MADHYA PRADESH
Writ Appeal No.1498/2018
(Smt.Archana Kunbi Vs. The State of Madhya Pradesh & Others)
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Jabalpur, Dated : 22-02-2019
Shri Sankalp Kochar, learned counsel for the
appellant.
Shri Manish Verma, learned Government Advocate
for the respondents/State.
Heard on the question of admission.
This appeal has been filed by the appellant under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth to Appeal) Adhiniyam, 2005, being aggrieved by order dated 25.9.2018 passed in W.P. No.21496/2018, by which the petition filed by the petitioner against the order dated 31.8.2018 granting appointment to the private respondent has been dismissed.
The learned counsel appearing for the appellant submits that the appellant had been awarded 60.33 marks in the selection process undertaken by the respondents for appointment on the post of Anganwadi worker at Village-Barkhed, District-Betul on the basis of BPL card, experience certificate and the Ration card produced by the appellant.
It is submitted that though the Tehsildar and the Collector recorded findings in favour of the appellant, the Commissioner had reversed the findings recorded by the Collector, inspite of the fact that there is no objection raised by any person in respect of the experience certificate or the BPL card filed by the appellant/petitioner.
THE HIGH COURT OF MADHYA PRADESH Writ Appeal No.1498/2018 (Smt.Archana Kunbi Vs. The State of Madhya Pradesh & Others)
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It is submitted that in the absence of any such objection, the Commissioner could not have gone into the correctness of the marks awarded to the appellant on the count of the BPL card and the experience certificate and as the Commissioner has done so, the same could not have been looked into by the learned Single Judge while dismissing the petition.
We have heard the learned counsel for the appellant at length.
From a perusal of the impugned order, it is evident that the learned Single Judge has perused the record and has also examined the order passed by the Commissioner. The learned Single Judge while dismissing the petition has taken note of the fact that the Commissioner, on perusal of the record, found that the petitioner/appellant had infact not filed the experience certificate and the BPL card along with the application seeking appointment and that the BPL card filed by the appellant appeared to be prima facie suspicious as the same was filed on 27.10.2016, whereas the date of issuance of the certificate was 28.10.2016 and that the Experience certificate submitted by the petitioner was of the year 2007, whereas the centre from which the Experience certificate has been obtained, was already closed down in the year 2003.
The learned Single Judge taking the aforesaid aspects into consideration, has affirmed the order THE HIGH COURT OF MADHYA PRADESH Writ Appeal No.1498/2018 (Smt.Archana Kunbi Vs. The State of Madhya Pradesh & Others)
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passed by the Commissioner and dismissed the petition.
In view of the aforesaid, we do not find any illegality or perversity in the order passed by the learned Single Judge, warranting interference.
The appeal filed by the appellant being meritless is accordingly dismissed.
(R. S. JHA) (SANJAY DWIVEDI)
JUDGE JUDGE
pp.
Digitally signed by
PUSHPENDRA PATEL
Date: 2019.02.23
11:58:42 +05'30'