Proof of educational qualifications may be submitted post-application deadline, and must be considered if submitted prior to final selection; disregard for evidence of qualifications violates principles of fair evaluation.

ORDER :

PRANAY VERMA, J.

1. This petition under Article 226 of the Constitution of India, has been preferred by the petitioner being aggrieved by the order dated 11/1/2017 passed by respondents No.2 and 3 as affirmed in appeal by the order dated 13/7/2017 (Annexure P/13) passed by the Collector, District Shajapur, whereby her claim for appointment on the post of Anganwadi Assistant in Anganwadi Centre, Dewlabihar, Tehsil Gulana, District Shajapur has been dismissed. The petitioner has also challenged the order dated 15/11/2018 (Annexure P/15) passed by the Additional Commissioner, Ujjain Division, Ujjain whereby the second appeal preferred by her against the aforesaid orders has been dismissed.

2. The respondent No.1 / State has issued guidelines dated 10/7/2017 (Annexure R-4/8) in respect of selection and appointment of Anganwadi workers and assistants in the State of Madhya Pradesh. The said scheme under Clause B provides the essential qualifications for appointment of an Anganwadi Assistant. The minimum qualification prescribed in the urban and rural area is Class V. As per Clause B-2 of the guidelines, the total marks to be awarded to a candidate are 100 while determining the merit list. The additional qualifications or the circumstances as provided in the said clause prescribes different marks for different circumstances / exigencies. If a candidate belongs to Scheduled Caste / Scheduled Tribe she would get 10 marks. If she is below the poverty line she would get 10 marks. If she is a widow / deserted / divorced / below the age of 30 years she would get 10 marks. For Class Vth mark sheet, upto 40% she would get 30 marks and above 40%, for every two percent she would get one mark and if she has passed Class 8^th or possesses higher educational qualification she would get 10 marks.

3. As per the said guidelines, advertisement was issued by respondent No.1 in a news paper for appointment of Anganwadi Assistant in Anganwadi Center, Devlabihar, Tehsil Gulana, District Shajapur. In response to the said advertisement, petitioner, respondent No.4 and others applied for the said post. Along with the application, they submitted documents for the purpose of proving their eligibility, qualification and entitlement to get additional marks. After receipt of all the applications, the same were considered by the District Project Officer, Integrated Child Development Scheme, Shajapur, respondent No.2 and 3 and a provisional merit list was published on 22/12/2016. Therein the petitioner was placed at Serial No.4 whereas respondent No.4 was placed at Serial No.1. It was stated therein that any objection to the list can be preferred upto 29/12/2016.

4. In response to the provisional merit list, the petitioner submitted her objection before respondents No.2 and 3 stating that along with her application she had submitted her Class Vth mark sheet but marks have not been given to her for the same and that she deserves to be awarded appropriate marks for the same. The aforesaid objection was rejected by respondents No.2 and 3 by order dated 11/1/2017 and consequently respondent No.4 was selected for appointment to the post of Anganwadi Assistant.

5. Being aggrieved by the order aforesaid, the petitioner preferred an appeal before the Collector, District Shajapur which was dismissed by him by order dated 13/7/2017 by observing that along with her application, the petitioner had not furnished her class Vth mark sheet hence she could n