Case Note & Summary
The petitioner, Munnabai Dagdu Gaikwad, was selected and appointed as an Anganwadi Sevika on 24 June 2011 after being ranked first in the merit list based on interviews held on 17 June 2011. She joined on 28 June 2011. Respondent No.5, Sunita Bharat Jadhav, who had also competed, challenged the selection alleging improper allotment of marks. The Chief Executive Officer (CEO) of Zilla Parishad, respondent No.3, considered the complaint and, relying on a circular dated 25 May 2011, moderated the marks: the petitioner's marks were reduced from 9.50 to 9, and respondent No.5's marks were increased from 3.25 to 4.25. Consequently, the petitioner's appointment was cancelled and respondent No.5 was directed to be appointed. The petitioner appealed to the Divisional Commissioner (respondent No.2), who dismissed the appeal. The petitioner then filed a writ petition in the Bombay High Court. The court examined whether the CEO had the authority to act as an examiner or moderator. The court noted that the selection committee comprised subject experts who had allocated marks, and the CEO was not part of that committee. The court held that the CEO could not modify the marks allotted by the experts, as such action was without jurisdiction and violated principles of natural justice. The court also observed that the circular dated 25 May 2011 did not empower the CEO to act as a moderator. Accordingly, the court quashed the order cancelling the petitioner's appointment and directed that the petitioner be reinstated as Anganwadi Sevika with continuity of service and all consequential benefits.
Headnote
A) Service Law - Anganwadi Sevika Appointment - Modification of Marks by CEO - The Chief Executive Officer of Zilla Parishad cannot act as an examiner or moderator and modify marks allotted by subject experts in the selection process for Anganwadi Sevika under the Integrated Child Development Services (ICDS) Scheme - The CEO's action of reducing the petitioner's marks and increasing respondent No.5's marks based on a circular was without authority and in violation of natural justice - Held that the selection process must be conducted by the duly constituted selection committee and the CEO cannot unilaterally alter the marks (Paras 3-5).
Issue of Consideration
Whether the Chief Executive Officer of Zilla Parishad could act as an examiner or moderator and modify the marks allotted by the subject experts in the selection process for appointment of Anganwadi Sevika.
Final Decision
The petition is allowed. The order dated 30/11/2013 passed by respondent No.2 and the order dated 30/04/2014 passed by respondent No.3 are quashed and set aside. The petitioner is directed to be reinstated as Anganwadi Sevika with continuity of service and all consequential benefits.
Law Points
- Selection process for Anganwadi Sevika
- Modification of marks by Chief Executive Officer without authority
- Circular dated 25/05/2011
- Natural justice
- Right to be heard
