Allowed

Sau. Madhuri W/O Dilip Mahajan v. State of Maharashtra, through the Secretary, Women and Child Development Department, Mumbai and 3 O

Bombay HC9 Oct 2014MCA/1007/2014

Case brief

AI extract

What is this about?

This court reviewed orders denying appointment of applicants as Anganwadi Sevikas due to lack of HSSC qualification. Noting that applicants subsequently passed First Year B.A. from Open University, equivalent to HSSC under a 2011 Government Resolution, the court allowed the review applications and directed the Zilla Parishad to appoint them to vacant posts within two weeks.

What did the court decide?

Applicants appointed as Anganwadi Sevikas in respective villages within two weeks.

Sau. Madhuri W/O Dilip Mahajan Vs State of… — Education and Admissions | Bombay HC (2014)

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1 mca1006.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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MISC. CIVIL APPLICATION NO. 1006 OF 2014 IN

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WRIT PETITION NO.5306 OF 2013(D).

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(SAU. ANITA KIRAT @ KIRAN KSHIRSAGAR..VS..STATE OF MAH. & 3 OTH)

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WITH

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MISC. CIVIL APPLICATION NO. 1007 OF 2014 IN

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WRIT PETITION NO.5239 OF 2013(D).

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(SAU. MADHURI DILIP MAHAJAN..VS..STATE OF MAH. & 3 OTH)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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- - - - Mr.S.U.Nemade, Advocate for the Applicants/ Petitioners. Mr M.K.Pathan, A.G.P. for the Respondent Nos.1 & 2. Mr.R.M.Mardikar, Advocate for the Respondent Nos. 3 & 4.

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CORAM : SMT. VASANTI A. NAIK AND

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P.R.BORA, JJ.

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DATED : OCTOBER 09, 2014.

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Heard.

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Since the issue involved in these two review applications is identical and by these applications the review of the common order is sought, they are heard together and are decided by this common order.

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The applicants had filed writ petitions seeking a declaration that they are eligible for appointment on the post of Anganwadi Sevikas and Mini Anganwadi Sevikas and the respondents were not justified in reverting the applicants from the post of Mini Anganwadi Sevikas to the post of Anganwadi Helpers. It was, however, held by this Court,

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2 mca1006.14

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after hearing the learned counsel for the parties, that the applicants could not have been appointed on the post of Anganwadi Sevakas as they had not passed the HSSC examination.

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After the order, sought to be reviewed by these applications was rendered on 14.07.2014, the applicants have passed the First and Second year B.A. examination from Yashwantrao Chavan Maharashtra Open University. The results of the said examination were declared within one week from the date of the order that is sought to be reviewed. According to the applicants, passing of first year B.A. examination from the Open University is equivalent to the passing of HSSC examination as per the Government Resolution dated 20^th May, 2011. Hence, according to the applicants, this Court may reconsider the matter and direct the respondent Zilla Parishad to appoint the applicants on the post of Anganwadi Sevikas as the posts are still vacant and as the applicants have become eligible for direct appointment on the post of Anganwadi Sevikas immediately after the order sought to be reviewed was passed.

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In the peculiar facts of the case, after hearing the learned counsel for the parties, we are inclined to grant the relief sought by the applicants. It is brought to the notice of this Court that the Zilla Parishad had appointed candidates who had not passed the HSSC examination but had passed the First Year B.A. examination from Yashwantrao Chavan Maharashtra Open University on the post of Anganwadi Sevika, whenever the posts were vacant. If that be so, merely because the results of the petitioners were declared only a week after the order sought to be reviewed was passed, the

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3 mca1006.14

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applicants cannot be made to suffer. Hence, in the peculiar facts of this case, it would be necessary to extend the benefit of the Government Resolution dated 20^th May, 2011 to the applicants and direct the respondent Zilla Parishad to appoint the petitioners on the post of Anganwadi Sevikas in the respective villages as they are eligible for appointment.

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In view of the aforesaid, both the Miscellaneous Civil Applications are allowed .

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The respondent Zilla Parishad is directed to appoint the applicants on the post of Anganwadi Sevikas in the respective villages as the posts of Anganwadi Sevika in these village are still vacant. The appointment of the applicants on the post of Anganwadi Sevikas should be made within a period of two weeks.

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Order accordingly. No costs.

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JUDGE JUDGE

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RRaut..

Sau. Madhuri W/O Dilip Mahajan v. State of Maharashtra, through the Secretary, Women and Child Development Department, Mumbai and 3 O

Case brief

What is this about?

What did the court decide?

Sau. Madhuri W/O Dilip Mahajan v. State of Maharashtra, through the Secretary, Women and Child Development Department, Mumbai and 3 O

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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