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2024 Supreme(Online)(Bom) 5389

BOMBAY HIGH COURT
SANDEEP V. MARNE, J
SUVARNA NETAJI PATIL – Appellant
Versus
SMITA ASHOK PATIL – Respondent


Advocates:
Mr. Aseem Naphade with Ms. Deepanjali Mishra i/by. Mr. Vithal Sankpal, for the Appellant. Ms. Divya Arvind Pawar with Mr. Krishnakant Deshmukh, for Respondent No.1. Mr. Pankaj Deokar, AGP for State.

JUDGMENT :

1) Appellant has filed this Appeal challenging the Decree dated 8 February 2023 passed by the District Judge-5, Sangli dismissing Regular Civil Appeal No. 13 of 2021 and confirming the Decree dated 22 December 2020 passed by the 2nd Joint Civil Judge Senior Division, Sangli in Regular Civil Suit No. 506 of 2013. By that Decree, the Trial Court held that the appointment of Appellant (Defenant No.3) as ‘Anganwadi Sevika’ is illegal and has directed Defendant Nos.1 and 2 to appoint Plaintiff as ‘Angandwadi Sevika’.

2) The dispute between Appellant/Defendant No.3 and Respondent/ Plaintiff is about their competing claims for appointment on the post of ‘Anganwadi Sevika’ for Village- Jaygavan, Taluka Kavathe-Mahankal, District-Sangli. An advertisement was issued for filling up various posts of Anganvadi Sevika, Anganwadi Madatnis and Mini-Anganvadi Sevika, which included 34 posts of Angadwadi Sevika for various villages, including the Village-Jaygavan. The advertisement prescribed the age limit of minimum 25 years and maximum 35 years as on 21 January 2011. Minimum educational qualification of Matriculation was prescribed for the post of Anganwadi Sevika. Both Plaintiff as well

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