Petitioners appointed under Manav Vikas Mission scheme contended entitlement to direct selection for Anganwadi Sevika posts due to a government resolution. The Court held that such selection is possible only under Integrated Child Development Scheme.
Writ petition rejected. No costs.
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1801wp1863.11
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 1863 OF 2011.
Sau. Ujwala Vinod Zate and another. VERSUS
The State of Maharashtra and others.
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
CORAM : B.P.DHARMADHIKARI AND P.D. KODE, JJ.
DATED : JANUARY 18, 2012.
After hearing Shri M.V. Amle, learned
Counsel for the petitioners, Shri A.D. Sonak, learned A.G.P. for respondent no.1 and Mrs. L. Varsale, learned
Counsel for respondent nos. 2 and 3, we find that the petitioners were appointed under a different scheme namely Manav Vikas Mission i.e. Human Development
Mission w.e.f. 22.01.2008. This was in pursuance of a policy decision implemented on 21.02.2007.
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Petition has been filed, contending that because of government resolution dated 12.03.2008, the petitioners were entitled to fresh, but direct selection as Anganwadi Sevika or Balwadi Shikshika.
Learned A.G.P. has pointed out that this direct selection and appointment is possible only if the petitioners were working under Integrated Child Development Scheme. As the petitioners were not covered by that scheme, their grievance in this petition is misconceived.
We find substance in the contention of learned A.G.P.
Shri Amle, learned counsel for petitioners at this stage has pointed out that the newspaper advertisement dated 14.12.2010 shows that post of Mini Anganwadi Karyakarta at Tiroda (Bu), has also been advertised.
The advertisement is under Integrated Child Development Scheme. As the petitioners are not entitled to any preference, it is apparent that they
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should have applied in response to that advertisement. No case is made out warranting interference in writ jurisdiction. Writ Petition is, therefore, rejected. No costs.
JUDGE Rgd
JUDGE
3 issues framed by the court
Whether the petitioners, appointed under Manav Vikas Mission scheme, are entitled to direct selection as Anganwadi Sevika or Balwadi Shikshika under Integrated Child Development Scheme.
Whether preference is available to petitioners for appointment in posts advertised under Integrated Child Development Scheme.
Whether the writ petition is maintainable for clamng preferential appointment.
Ujwala Vinod Zate and another
The State of Maharashtra
Respondent nos. 2 and 3
B.P. Dharmadhikari
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
