Case Note & Summary
The petitioner, Sangita Ulhas Gadilkar, was appointed as an Anganwadi Sevika under the Integrated Child Development Scheme (ICDS) by the Child Development Project Officer, Parner. Respondent No.5, Sunita Shahaji Adhav, aggrieved by this selection, approached the Divisional Commissioner, Nashik, challenging the appointment. The Commissioner, purportedly acting under Section 267A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, set aside the petitioner's appointment. The petitioner then filed a writ petition before the Bombay High Court. The learned Single Judge, hearing the petition, framed an issue regarding the jurisdiction of the Commissioner under Section 267A to set aside such appointments and referred the matter to a larger bench. The larger bench, comprising Justices S.V. Gangapurwala, Ravindra V. Ghuge, and Anil S. Kilor, heard the parties. The court examined the provisions of Section 267A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which empowers the Commissioner to call for records and pass orders regarding appointments made under the Act or Rules. The court noted that the appointment of Anganwadi Sevika is made under the ICDS, a Central Government Scheme, and not under the Act or Rules. The court held that the Commissioner's power under Section 267A is limited to appointments made under the Act and does not extend to appointments under the ICDS. Consequently, the court answered the reference by holding that the Commissioner has no jurisdiction to set aside such appointments. The matter was directed to be placed before the appropriate bench for further proceedings.
Headnote
A) Jurisdiction - Commissioner's Power under Section 267A - Appointment of Anganwadi Sevika - The Commissioner under Section 267A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 has no jurisdiction to set aside the appointment of Anganwadi Sevika/Madatnis made pursuant to the recommendation of the Selection Committee constituted under the Integrated Child Development Scheme (ICDS), as such appointments are not made under the Act or Rules framed thereunder but under a Central Government Scheme. (Paras 1-10) B) Integrated Child Development Scheme - Nature of Appointment - Anganwadi Sevika - Appointments of Anganwadi Sevika/Madatnis are made under the Integrated Child Development Scheme, a Central Government Scheme, and not under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Therefore, the power of the Commissioner under Section 267A of the Act does not extend to such appointments. (Paras 4-10)
Issue of Consideration
Whether the Commissioner under Section 267A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 has jurisdiction to set aside the appointment of Anganwadi Sevika/Madatnis made pursuant to the recommendation of the Selection Committee constituted under the Integrated Child Development Scheme?
Final Decision
The reference is answered by holding that the Commissioner under Section 267A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 has no jurisdiction to set aside the appointment of Anganwadi Sevika/Madatnis made pursuant to the recommendation of the Selection Committee constituted under the Integrated Child Development Scheme. The matter is directed to be placed before the appropriate bench for further proceedings.
Law Points
- Jurisdiction of Commissioner under Section 267A of Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- Appointment of Anganwadi Sevika under Integrated Child Development Scheme
- Distinction between statutory appointments and scheme appointments
