Allowed

Sau. Geeta W/O Sakharam Bhusari and 3 Others v. State of Maharashtra Thr. Its Secretary, Woman and Child Development Dept., Mumbai and Another

Bombay HC23 Apr 2014WP/3638/2013

Case brief

AI extract

What is this about?

Petitioners challenged an advertisement for Anganwadi Sevika posts alleging violation of a Government Resolution allowing direct appointment based on experience and education. The court accepted the plea, quashed the advertisement, and directed the Parishad to appoint eligible petitioners within a month.

What did the court decide?

Advertisement dated 10/06/2013 quashed; Zilla Parishad directed to consider direct appointment of petitioners within one month.

Sau. Geeta W/O Sakharam Bhusari and 3 Others Vs… — Education and Admissions | Bombay HC (2014)

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

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WRIT PETITION NO.3638 OF 2013

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Sau.Geeta W/o Sakharam Bhusari and others

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-vs-

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State of Maharashtra and another

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Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr.A.J.Thakkar, counsel for the petitioners. Ms T.H.Udeshi, AGP for the respondent No.1. Mr.S.M.Ukey, counsel for the respondent No.2.

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CORAM : SMT. VASANTI A. NAIK & A.S.CHANDURKAR, JJ.

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DATE : 23.04.2014.

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By this petition, the petitioners seek a declaration that the advertisement issued by the respondent-Zilla Parishad inviting applications for appointment on the post of Anganwadi Sevika in the Anganwadi Centers at Sakhali (Khurd), Jambh, Bhadola and Shirpur is bad in law. The petitioners challenge the advertisement dated 10/06/2013 and seek a direction to the Zilla Parishad, Buldhana to consider the claim of the petitioners for appointment on the post of Anganwadi Sevika in the respective Anganwadi Centers.

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The petitioners are working as Anganwadi Madatnis at Sakhali (Khurd), Jambh, Bhadola and Shirpur in Buldhana district for more than fifteen years. It is submitted that the State Government, by a resolution dated 05/08/2010 provided that it would not be necessary to issue an advertisement and follow the procedure for appointment

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of an Anganwadi Sevika, if a Mini Anganwadi Sevika or Anganwadi Madatnis, who has passed the 10^th Standard Examination and has the experience of two years is available at the said Anganwadi Center. According to the petitioners, the petitioners were eligible for being directly appointed on the post of Anganwadi Sevika, as they had passed the S.S.C. Examination and had more than two years experience as Mini Anganwadi Sevika or Anganwadi Madatnis. According to the petitioners, though the petitioners were eligible to be directly appointed on the post of Anganwadi Sevika, the respondent-Zilla Parishad illegally issued the advertisement dated 10/06/2013 calling applications for appointment on the post of Anganwadi Sevika in the centers at Sakhali (Khurd), Jambh, Bhadola and Shirpur.

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Shri Ukey, the learned counsel for the respondent No.2-Zilla Parishad, fairly admitted that the petitioners were eligible for appointment on the post of Anganwadi Sevika in pursuance of the Government Resolution dated 05/08/2010 on the date of issuance of the advertisement dated 10/06/2013. It is, however, stated on behalf of the respondent No.2 that the respondent-Zilla Parishad was not aware that the petitioners had passed S.S.C. Examination, as their S.S.C. Examination results were declared just a couple of days prior to the issuance of the advertisement.

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From the submissions recorded herein above and on a perusal of the Government Resolution dated 05/08/2010, it is clear that the petitioners were entitled for direct appointment on the post of Anganwadi Sevika in the Anganwadi Centers at Sakhali (Khurd), Jambh, Bhadola and Shirpur in Buldhana district, as they admittedly had an

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experience of more than two years as Anganwadi Madatnis and had passed the 10^th Standard Examination. Probably, if the respondent-Zilla Parishad would have been aware of the fact that the petitioners had passed the S.S.C. Examination, the advertisement dated 10/06/2013 may not have been issued. In any case, in view of the admitted facts stated herein above, the petitioners were entitled to direct appointment on the post of Anganwadi Sevika in pursuance of the Government Resolution dated 05/08/2010.

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Hence, for the reasons aforesaid, the writ petition is allowed. The advertisement dated 10/06/2013 is hereby quashed and set aside, so far as it calls applications for appointment on the post of Anganwadi Sevika in the Anganwadi Centers at Sakhali (Khurd), Jambh, Bhadola and Shirpur in Buldhana district. The respondent-Zilla Parishad should consider directly appointing the petitioners on the post of Anganwadi Sevika in the Anganwadi Centers at Sakhali (Khurd), Jambh, Bhadola and Shirpur in Buldhana district within a period of one month.

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Order accordingly. No order as to costs.

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JUDGE JUDGE

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KHUNTE

Sau. Geeta W/O Sakharam Bhusari and 3 Others v. State of Maharashtra Thr. Its Secretary, Woman and Child Development Dept., Mumbai and Another

Case brief

What is this about?

What did the court decide?

Sau. Geeta W/O Sakharam Bhusari and 3 Others v. State of Maharashtra Thr. Its Secretary, Woman and Child Development Dept., Mumbai and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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