Madhya Pradesh High Court
Smt. Leelavati Prajapati vs The State Of Madhya Pradesh on 8 December, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 8 th OF DECEMBER, 2022
WRIT PETITION No. 24391 of 2022
BETWEEN:-
SMT. LEELAVATI PRAJAPATI W/O RAJKUMAR
PRAJAPATI, AGED ABOUT 38 YEARS, OCCUPATION:
AAGANWADI WORKER VILLAGE KUMARVAR TEHSIL
BATIYAGARH DISTRICT DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI LOKESH KUMAR JAIN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY WOMEN AND CHILD
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER S AGAR DIVISION SAGAR
(MADHYA PRADESH)
3. THE ADDITIONAL COLLECTOR DAMOH
DISTRICT DAMOH (MADHYA PRADESH)
4. THE DISTRICT PROGRAMME OFFICER WOMEN
AND CHILD DEVELOPMENT DEPARTMENT
DAMOH, DISTRICT DAMOH (MADHYA PRADESH)
5. THE PROJECT OFFICER UNIFIED CHILDREN
D E V E L O P M E N T PROJECT BATIYAGARH,
DISTRICT DAMOH (MADHYA PRADESH)
6. SMT. SUSHILA RAJAK W/O LACHHU RAJAK, R/O
VILLAGE KUMARVAR TEHSIL BATIYAGARH,
DISTRICT DAMOH (MADHYA PRADESH)
7. SMT. MAYA PRAJAPATI W/O KOMAL PRAJAPATI,
R/O VILLAGE KUMARVAR TEHSIL BATIYAGARH,
DISTRICT DAMOH (MADHYA PRADESH)
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 12/14/2022
6:54:30 PM
2
.....RESPONDENTS
(SHRI SUDEEP CHATTERJEE - GOVT. ADVOCATE FOR RESPONDENTS
NO.1 TO 5 AND SHRI SIDDHARTH AWASTHI - ADVOCATE FOR
RESPONDENT NO.6 )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 17.10.2022 contained in Annexure-P/8 passed by respondent No.2 - Commissioner, Sagar Division, Sagar.
2. Brief facts of the case is that an advertisement was issued on 02.04.2012 for appointment on post of Anganwadi Worker in Anganwadi Center Kumarvar, Tehsil Batiyagarh, District Damoh. On basis of said advertisement, eight applications were received. In final merit list, Sushila Rajak got 40.5 marks and topped the merit list. Petitioner namely Leelavati Prajapati and one Maya Prajapati, who is respondent No.7 in this writ petition, filed objection. Along with objection, petitioner has filed marksheet of Class-12 th. It was stated that she had not received marksheet earlier. Selection Committee considered objections. On basis of circular dated 13.09.2007, decision was taken to appoint petitioner on the post of Anganwadi Worker. By order dated 30.08.2012, petitioner was appointed on post of Anganwadi Worker. Aggrieved by said order, respondent No.6 filed an appeal before Collector. Appeal was dismissed vide order dated 21.05.2013. Said order was challenged before Commissioner. Commissioner gave finding that last date for submitting application form was 25.04.2012 and along with application form mark-sheet of Class 12th was not filed. Petitioner has filed her Class-12th mark-sheet after 30 days from last date of submitting application form. Class 12th mark-sheet was Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 12/14/2022 6:54:30 PM 3 issued on 28.05.2012. Commissioner held that benefit of circular dated 13.09.2007 cannot be given to petitioner. As per said circular, when candidate with prescribed educational qualification is not available, in said cases, candidate having passed high school can be selected. If no candidate having qualification of high school is available, then a candidate having passed certificate of Class 8th can be selected. Minimum qualification prescribed is Class 8th. If a candidate, who has 8th Class pass certificate is selected, then he is require to pass high school examination in two years. If a candidate, who has mo re qualification than middle class is available, then said candidate be selected. Commissioner held that all candidates who had applied for selection were Class 10th pass, therefore, a Class 10th pass candidate, who is selected, cannot be ousted because some other candidate had acquired Class 12th school certificate. On basis of same, Commissioner allowed the appeal and set aside the order dated 30.08.2012 issued by Project Officer, Batiyagarh, District Damoh.
3. Petitioner has challenged impugned order on ground that petitioner be given benefit of circular dated 13.09.2007. Petitioner has acquired qualification of Class-12th, therefore, Project Officer had rightly taken a decision to appoint petitioner on post of Anganwadi Worker.
4. Counsel appearing for State Government as well as private respondents supported the order dated 17.10.2022 passed by Commissioner and submitted that Commissioner has rightly set aside the order passed by Project Officer as same was contrary to circular dated 13.09.2007.
5. Heard the counsel for the parties.
6. Circular dated 13.09.2007 is quoted as under:-
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7. On going through the order of Commissioner, it is found that Commissioner has rightly interpreted the circular dated 13.09.2007. All the candidates had passed Class-10th examination. It is not a case that person with minimum educational qualification was not available in the village and a candidate, who was not having prescribed educational qualification, was appointed on the said post. If candidate is not having minimum educational qualification and is appointed, then as soon as candidate with prescribed educational qualification is found, then he/she is to be appointed on the post.
8. In view of aforesaid circumstances, writ petition filed by petitioner is dismissed.
(VISHAL DHAGAT) JUDGE sp/-
Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 12/14/2022 6:54:30 PM