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2022 Supreme(Online)(MP) 4054

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S BHATTI ON THE 9th OF JULY, 2022 WRIT PETITION No. 22887 of 2021 Between:- SIYA BAI W/O SHRI SAHIB YADAV , AGED ABOUT 47 YEARS, OCCUPATION: ANGANWADI ASSISTANT AANGANWADI CENTER NO.2, GRAM PANCHAYAT ACHALPUR, PUSHPARAJGARH, DISTT. ANUPPUR (M.P.)

(MADHYA PRADESH)

.....PETITIONER (BY SHRI RAKESH KUMAR CHOURASIYA, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THE. ITS SECRETARY WOMEN AND CHILD DEPTT. VALLABH BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

2. COMMISSIONER WOMEN AND CHILD DEVELOPMENT DEPARTMENT SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. PROJECT OFFICER WOMEN AND CHILD DEVELOPMENT DEPARTMENT PUSHPARAJGARH DISTT. ANUPPUR (MADHYA PRADESH)

4. DISTRICT PUBLIC RELATIONS OFFICER ANUPPUR DISTT. ANUPPUR M.P (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAMOD PANDEY, GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

Advocates:
Rakesh Kumar Chourasiya,Advocate General

ORDER

This petition has been filed by the petitioner under Article 226 of the Constitution of India while praying for the following reliefs:

"7.1 That, this Hon'ble Court may be please to issue writ in the nature of certiorari and quash the letter dated 23/09/2021 to the extent the post of Aanganwadi Assistant in Aanganwadi Centre, Gram Panchayat Achalpur, Pushparajgarh, District Anuppur (M.P.) has been directed to be included for the proposed advertisement for filing up vacancy.

7.2 That this Hon'ble Court may be pleased to direct the respondents to permit the petitioner to continue on the post of Aanganwadi Assistant in Aanganwadi Center No.2, Gram Panchayat Achalpur, District: Anuppur (M.P.) till she attains the age of superannuation prescribed by State Government.

7.3 That any other relief as this Hon'ble Court deem fit and proper in the circumstances of the case, may also kindly be granted."

Learned counsel for the petitioner contends that she was appointed against the post of Assistant Sahayika vide order dated 05/02/2008 (Annexure P/1) pursuant to the order of appointment, the petitioner joined as such. Thereafter suddenly advertisement dated 23/09/2021 has been issued by which the applications for appointment against the post of Aaganwadi Sahayika has been invited. The petitioner thus, assailing this advertisement, has filed the present petition.

The matter was listed before the Co-ordinate Bench of this Court on th

15/02/2022 whereby the petitioner was directed to file mark-sheet of Class 8 while observing that the minimum prescribed qualification for appointment as Aaganwadi Sahayika is class 8th. The said order was not complied with by the petitioner. Thereafter, again vide order dated 07/03/2022 petitioner was further directed to file affidavit/explanation in asmuch as statement was made by the th petitioner that he was not in a position to file relevant mark-sheet of class 8 .

The petitioner though has filed an application i.e IA No.8056/2022 but along with said application, only birth certificate was filed however there is no th mark-sheet of class 8 nor any affidavit in terms of the orders dated 15/02/2022 and 07/03/2022 respectively of this Court.

In view of the above, since the petitioner has failed to comply with the order dated 15/02/2022 and 07/03/2022 and to establish that she possess basic qualification for the post of Aaganwadi Sahayak, thus, this Court finds no ground to entertain the petition, accordingly, this petition being devoids of merit stands dismissed.

(MANINDER S BHATTI)

JUDGE Astha

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