Case Note & Summary
The petitioner, Sunita d/o Bhujangrao Raut, a widow, filed a writ petition before the Bombay High Court at Aurangabad challenging the appointment process for the post of Anganwadi Karyakarti/Sevika for mauja Ardhapur, District Nanded, initiated by the respondents (Zilla Parishad, Nanded and others) vide notice dated 19.7.2012. She sought quashing of the process and consequential appointment to the post, along with interim relief to stop the recruitment. The petition was filed on 4.9.2012. On 24.9.2012, the court granted time to the respondents to file a reply. Despite several adjournments, the respondents failed to file an affidavit in reply. On 19.12.2012, the court directed that any appointment made would be subject to the outcome of the petition. On 29.1.2013, the court directed the respondents to file an affidavit in reply within three weeks, failing which the Chief Executive Officer was to remain present. However, the respondents still did not comply. The court noted that the respondents had not filed any affidavit in reply despite repeated orders. Consequently, the court allowed the petition, quashed the appointment process initiated by the notice dated 19.7.2012, and directed the respondents to initiate fresh proceedings in accordance with law. The court also directed the respondents to pay costs of Rs. 5,000 to the petitioner.
Headnote
A) Service Law - Appointment - Quashing of Recruitment Process - Non-Compliance with Court Orders - The petitioner, a widow, challenged the appointment process for Anganwadi Karyakarti/Sevika initiated by the respondents. Despite multiple court orders directing the respondents to file an affidavit in reply, they failed to do so. The court held that the respondents' conduct amounted to non-compliance and directed quashing of the appointment process, with liberty to initiate fresh proceedings in accordance with law. (Paras 2-5)
Issue of Consideration
Whether the respondents' failure to file an affidavit in reply despite repeated court orders warrants quashing of the appointment process initiated for the post of Anganwadi Karyakarti/Sevika.
Final Decision
The petition is allowed. The appointment process initiated by the respondents vide notice dated 19.7.2012 is quashed. The respondents are directed to initiate fresh proceedings in accordance with law. The respondents shall pay costs of Rs. 5,000 to the petitioner.
Law Points
- Non-compliance with court orders
- failure to file affidavit in reply
- adverse inference
- quashing of recruitment process
