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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Hemant Devi – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1. The petitioner is aggrieved by the order dated 21/06/2019 (Annexure P/2), whereby the Collector, District- Datia (M.P.) allowed the appeal of respondent no.5 and set-aside the appointment of the petitioner on the post of Aaganwadi Sahayika. She is also aggrieved by the order dated 08/03/2021 (Annexure- P/1), whereby the Additional Commissioner, Gwalior Division, Gwalior has dismissed her second appeal.
2. The facts necessary for decision of this case are that an advertisement was issued by the office of the District Programme Officer, District- Datia on 06/12/2017 (Annexure- P/4) inviting applications for appointment on the post of Aaganwadi Sahayika in various Aanganwadi Centres. The petitioner as well as respondent no.5 applied for appointment in Aanganwadi Centre at Village Porsa, Tahsil- Bhander, District- Datia (M.P.). In the merit list, the name of respondent no.5 was placed at serial no.1 while one- Kripa Jatav was at serial no.2 and the petitioner was placed at serial no.3. During scrutiny, the District Programme Officer found that the respondent no.5 does not satisfy the age criteria prescribed in the advertisement, therefore, her candidature was rejected. The can
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
Appointment – Right of a candidate for being considered in terms of advertisement stands crystallized on the date of publication of advertisement – Any subsequent amendment to advertisement during co....
A candidate's eligibility cannot be negated by a subsequent amendment to the cut-off date if they were eligible under the original notification, as per the provisions of Rule 10 of the Rajasthan Anim....
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
Adherence to eligibility criteria and principles of equality under the Constitution of India in the appointment process.
Eligibility for appointment must be maintained until the last date of the advertisement; cancellation of selection process due to material error is justified.
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
The discretion to fix cut-off dates for recruitment lies with the executive authority, and it is not arbitrary unless blatantly discriminatory or capricious.
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