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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BENCH
Anand Pathak, J.
Smt. Renu Devi - Petitioner
Versus
Commissioner, Chambal Division, Morena and others - Respondents
Writ Petition No. 1037 of 2011
Decided On : 19-07-2016
Graduation - Appointment of Anganwadi Worker - Guidelines dated 10/07/2007 - Higher Secondary qualification prescribed - Additional marks for graduation and family belonging to below poverty line - Judgment referred to Bhupenderpal Singh & Ors. v. State of Punjab & Ors. (2000 (4) Supreme 645) and Mohd. Sartaj and Another v. State of U.P. and Others (2006 (2) SCC 315)
Fact of the Case:
The petitioner challenged the order of appointment of Anganwadi Worker, claiming entitlement to additional marks for being a graduate and belonging to a family below poverty line. The impugned orders were passed on the grounds that the petitioner did not possess the qualification of graduation at the time of form submission and did not belong to a family below poverty line.
Finding of the Court:
The court found that the petitioner acquired the qualification of graduation before the last date of form submission and was entitled to additional marks. The court also noted that the petitioner's status as a member of a family living below poverty line was supported by the Ration Card, and the authorities did not rebut this. The court held that the petitioner's substantive right accrued once the result was declared and that the petitioner was more educationally qualified and meritorious than the respondent No.2.
Issues: The main issues were the entitlement of the petitioner to additional marks for graduation and family belonging to below poverty line, and the validity of the impugned orders based on the timing of the petitioner's qualification and family status.
Ratio Decidendi: The court applied the principle that the candidate must possess the mandatory qualifications on the particular date specified in the Rule or the advertisement. It also emphasized that the cut-off date for eligibility requirements must be determined as the last date by which applications were to be received by the competent authority. The court further highlighted the procedural nature of degree conferral and the purpose of issuing a provisional list to prevent irregularities in the selection procedure.
Final Decision: The writ petition was allowed, and the impugned orders were set aside. The respondents were directed to reinstate/reappoint the petitioner on the post of Anganwadi Worker while removing respondent No.2 from the said post.
Anand Pathak, J.
The present writ petition under Article 226 & 227 of the Constitution of India has been filed by the petitioner challenging the order dated 18/01/2011 (Annexure P/1) passed by the Commissioner, Chambal Division, Morena in case No.18/2010-2011/Appeal (vk0ck0) as well as the order dated 30/10/2010 passed by the Additional Collector, District Morena in case No.109/2009-10/Appeal.
2. The matter pertains to appointment of petitioner on the post of Anganwadi Worker at Anganwadi center, Ratanpura, Tehsil, Porsa, District Morena.
3. The respondents/State has earlier issued guidelines dated 10/07/2007 (Annexure P/7) in respect of selection and appointment of Anganwadi Workers and Assistant in the State of Madhya Pradesh. The said scheme under Clause v-1 provided the essential qualifications for appointment of an Anganwadi Worker. As per the said guidelines, the minimum qualification prescribed for an Anganwadi worker in the urban and rural areas is Higher Secondary (10+2 Board or 11th passed). As per Clause v-2 of the said guidelines, the total marks to be awarded to a candidate is 100 marks while determining the merit list. The additional qualification or the circumstances as contemplated in the said clause prescribed different marks for different circumstances/exigencies like; if a candidate is a graduate then he would get 10 marks and if a candidate is a member of family belonging to below poverty line then he would get 10 additional marks. In other words, minimum educational qualification of 12th class was prescribed for the post of Anganwadi Worker and additional qualifications as prescribed contain additional marks.
4. As per the said guidelines, advertisement was issued on 6th August, 2009 (Annexure P/6) in a newspaper for appointment of Anganwadi Worker and Assistant for which 17/08/2009 was prescribed as last date for submission of the application forms. In response to the said advertisement, petitioner and respondent No.2 have applied for the post of Anganwadi Worker however, at that time the petitioner possessed the degree of B.A. IInd year but before last date of submission of application form i.e. 17/08/2009, an important development has taken place in the form of declaration of result of B.A. final year pertaining to the petitioner on 14/08/2009. The relevant document in respect of declaration of result has been placed by the petitioner as part of Annexure P/3 at page 17. Therefore, as per the said guidelines, according to the counsel for the petitioner, the petitioner became entitled for getting additional 10 marks for being a graduate.
5. The Project Officer, Integrated Child Development Services (ICDS), Porsa District-Morena had declared provisional result vide Annexure P/8, wherein respondent No.2 stood at S.No.1 in the merit list with 45.30 marks wheres, petitioner stood at S.No.5 with 36.90 marks but because of the fact that petitioner has attained graduation on 14/08/2009 before last date of submission of the application form i.e., 17/08/2009, therefore, she represented before the District Level Committee constituted as per the guidelines of the State apprising them about her status as graduate . The said committee, on due scrutiny found submissions of the petitioner (in respect of declaration of her result of B.A. final year on 14/08/2009) worth consideration. Thereafter, the Project Officer, ICDS had issued the appointment order to the petitioner on 20/04/2010 (Annexure P/10).
6. The said order of appointment was put to challenge by respondent No.2 by way of filing the appeal before the Collector, District-Morena and the Collector has passed the impugned order dated 30/10/2010 (Annexure P/2) setting aside the appointment of the petitioner and directing to appoint respondent No.2 in place of petitioner on the post of Anganwadi Worker.
7. Being aggrieved by the said order, petitioner preferred an appeal before the Commissioner, Chambal Division, District-Morena. The Commissioner while considering t
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