G. S. AHLUWALIA
Madhu Morya (Ku. ) – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been filed against the order dated 16.4.2013 passed by Additional Commissioner, Gwalior Division, Gwalior in Case No. 406/2011-12/Appeal, by which the appeal filed by the petitioner has been dismissed.
2. The necessary facts for disposal of the present petition in short are that the petitioner is a Scheduled Caste candidate and an advertisement was issued for appointment of Anganwadi Worker. The petitioner as well as the respondent No.5 participated in the said recruitment process and by order dated 12.6.2017, the petitioner was appointed on the post of Anganwadi Worker, Anganwadi Centre, Ward No.14/11, Bhitarwar, District Gwalior. The appointment of the petitioner was challenged by respondent No.5 before the Additional Collector, Gwalior. It is submitted by the counsel for the petitioner that at the time of appointment of the petitioner, the policy for appointment on the post of Anganwadi Worker, dated 27.5.2006 was in force, according to which the minimum qualification for recruitment to the post of Anganwadi Worker was Higher Secondary/Inter pass. It was also provided that the candidate belonging to Schedule
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
The main legal point established in the judgment is that the Government Resolution dated 13.12.2005 did not discriminate, and the procedure for promotion was undertaken by two separate establishments....
Higher educational qualifications do not disqualify candidates for positions requiring lower qualifications, and recruitment must follow established government policies.
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
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