Case Note & Summary
The petitioner, Shyamal W/o Santosh Musande, filed a writ petition seeking directions to appoint her as Anganwadi Karyakarti (Sevika) at Anganwadi No.79, Pethsangvi, Tq. Omerga, Dist. Osmanabad, claiming that she was already working as Anganwadi Madatnis and was entitled to appointment under a Government Resolution dated 5th August 2011. She also sought to quash the selection process initiated by Respondent No.3 for the said post. The respondents opposed the petition, arguing that the petitioner had not challenged the selection process in time and that the selection had already been completed. The court, after hearing the parties, found that the petitioner had not approached the court with clean hands and had not established any vested right to appointment. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Appointment - Anganwadi Sevika - Petitioner sought appointment as Anganwadi Sevika based on Government Resolution dated 5th August 2011, claiming she was working as Anganwadi Madatnis - Court held that the petitioner did not challenge the selection process in time and could not establish any superior right over the selected candidates - Petition dismissed (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to be appointed as Anganwadi Sevika in light of the Government Resolution dated 5th August 2011, and whether the selection process initiated by Respondent No.3 is liable to be quashed.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Laches
- Delay in challenging selection process
- No vested right to appointment
- Government Resolution dated 5th August 2011
- Anganwadi recruitment
Case Details
2015 LawText (BOM) (04) 7
Writ Petition No. 2768 of 2013
Mr. A.V. Patil (Indrale) for Petitioner, Mr. D.V. Tele (AGP) for Respondent/State, Mr. S.B. Ghute for Respondent Nos. 2 and 3, Mr. N.B. Ghute for Respondent No.4
Shyamal W/o Santosh Musande
State of Maharashtra, The Chief Executive Officer, Zilla Parishad, Osmanabad, The Child Development Project Officer, Integrated Child Development Scheme, Omerga, Padmini W/o Vyankat Surwase, Shobha W/o Sangmeshwar Bhalke, Manisha W/o Raosaheb Bandgar
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Nature of Litigation
Writ petition seeking appointment as Anganwadi Sevika and quashing of selection process.
Remedy Sought
Petitioner sought directions to appoint her as Anganwadi Karyakarti (Sevika) and to quash the selection process initiated by Respondent No.3.
Filing Reason
Petitioner claimed entitlement to appointment under Government Resolution dated 5th August 2011 as she was working as Anganwadi Madatnis.
Issues
Whether the petitioner is entitled to be appointed as Anganwadi Sevika based on Government Resolution dated 5th August 2011?
Whether the selection process initiated by Respondent No.3 is liable to be quashed?
Submissions/Arguments
Petitioner argued that she was working as Anganwadi Madatnis and was entitled to appointment under Government Resolution dated 5th August 2011.
Respondents argued that the petitioner did not challenge the selection process in time and that the selection had already been completed.
Ratio Decidendi
The petitioner failed to challenge the selection process in time and could not establish any superior right over the selected candidates. The petition was dismissed on grounds of laches and lack of merit.
Judgment Excerpts
This Writ Petition is filed seeking directions to the Respondents to appoint the petitioner as Anganwadi Karyakarti (Sevika), as she is already working as Anganwadi Madatnis in the light of the Government Resolution dated 5th August, 2015.
Procedural History
The petition was filed in 2013. Amendments were made on 10th April 2013 and 17th March 2015. The petition was reserved on 25th March 2015 and pronounced on 30th April 2015.
