The appointment made in contravention of statutory provisions is void ab initio.

JUDGMENT :

P.B. BAJANTHRI, J.

Heard learned counsel for the parties.

2. Despite giving opportunity to the 10th respondent – Radha Kumari. 10th respondent has not appeared. On 29.03.2022 following order was passed:

“Service of notice to respondent no. 10 is completed.

None appears on behalf of respondent no. 10.

In order to give one more opportunity, re-list this matter on 26.04.2022.

On the aforesaid date, if there is no representation on behalf of respondent no. 10, in that event respondent no. 10 would be heard ex-parte.”

3. In the instant petition, petitioner has prayed for the following relief/reliefs:

“(i) For issuance of the writ nature of certiorari for quashing the appointment letter dated 15.02.2020 issued under signature of Sub-Divisional Officer, Nimchakbathani by which appointed to the respondent No. 10 on the post of Aganwari Sevika in the Centre No. 188 Ward No. 8 of Gram Panchayat, Sarbahada is without jurisdiction.

(ii) For quashing the order bearing Memo No. 103 dated 20.03.2020 passed by C.D.P.O., Khizarsarai by which rejected the application of the petitioner filed against selection of the respondent No. 10.

(iii) For issue direction to respondent to consider the case of the petitioner for appointment on the post of Aganwari Sevika on the ground petitioner having better qualification to the respondent No. 10 and she is at serial No. 1 whereas respondent no. 9 at Serial No. 2 of the merit list.

(iv) For further give other legal consequential benefit to the petitioner.”

4. Petitioner and 10th respondent – Radha Kumari were candidate for recruitment to the post of Anganwari Sevika in the Aganwari Centre no. 188, Sarbahada Grampanchayat, Ward No. 8. Selecting authority prepared select list in which petitioner and 10th respondent are at Serial Nos. 1 and 2 respectively. They have secured aggregate percentage of marks i.e 64.03 and 51. The 10th respondent was selected for the post of Anganwari Sevika by the Aam Sabha, thereafter, order of appointment was issued by the Sub Divisional Officer -5th respondent on 15.02.2020. Petitioner approached C.D.P.O. and petitioner’s application was rejected on 20.03.2020.

5. Learned counsel for the petitioner submitted that appointing authority in respect of Anganwari Sevika in terms of Clause 9 of the Guidelines dated 27.05.2019 is the Mahila Supervisor, therefore, the Sub Divisional Officer – respondent No. 5 is not the competent authority. Therefore, appointing 10th respondent is without authority of law.

6. Per contra, learned counsel for the State resisted the contention and submitted that the 8th respondent Mahila Supervisor has initiated the notings in respect of order of appointment. Therefore, there is no infirmity in the orders of the Sub Divisional Officer as well as C.D.P.O.

7. Heard learned counsel for the respective parties.

8. Crux of the matter in the present petition is whether Sub-Divisional Officer -5th respondent is competent authority to issue order of appointment to the post of Anganwari Sevika or not?

9. Clause 9 of the Guidelines dated 27.05.2019 reads as under:

^^9- vke lHkk & vkaxuckM+h lsfodk@lgkf;dk ds p;u ds fy, izdkf'kr foKkiu es fu/kkZfjr frfFk ,oa LFky ij vkelHkk p;u lfefr ds v/;{k dh v/;{krk esa dh tk;xhA v/;{k dh vuqifLFkfr es mik/;{k dh v/;{krk es vke lHkk dh tk;xh ,oa bldks fofM;ksxzkQh djk;h tk;sxhA
lsfodk@lgkf;dk ds p;u gsrq vkosnu irj izkfIr ds i'pkr ,d lIrkg ds vnaj lacf/kr efgyk i;Zosf{kdk ,oa cky fodkl ifj;kstuk inkf/kdkjh ds la;qDr gLrk{kj ls ,d vkSicaf/kd es/kk lwph dk izdk'ku ftys ds osclkbZV@cky fodkl ifj;ksTkuk dk;kZy;@iz[kaM dk;kZy; ds lwpuk iVV ij ,d lIrkg ds fy, fd;k tk,xk] rRi'pkr vke lHkk es ;fn nkok@vkifŸk izkIr gksrh gS rks vke lHkk es gh mldk fujkdj.k fd;k tk,xkA vke lHkk es p;u ds dje esa loksZPp Eks/kk vad dk izfr'kr okys vH;FkhZ dk p;fur dj p;u i= efgyk i;Zosf{kdk }kjk eqgfjr ,oa gLrk{kfjr dj LFky ij gh fuxZr fd;k tk;sxkA ftldh ,d izfr cky fodkl ifj;kstuk dk;kZy; es jf{kr dh tk;sxhA es/kk vad dk izfr'kr leku gksus ij vf/kd mez ds vH;FkhZ