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Madhya Pradesh High Court · body

2015 DIGILAW 1188 (MP)

Uma Lodhi v. State of Madhya Pradesh

2015-11-18

SHANTANU KEMKAR

body2015
ORDER : Shantanu Kemkar, J. 2. With the consent of learned counsel for the parties both the review petitions are being heard and finally disposed of by this common order. For the sake of convenience the facts are being taken from RP No.791/15. This review petition has been filed by Smt. Uma Lodhi seeking review/modification of the order dated 1.10.2015 passed in W.P. No. 15008/14 (Smt. Kusum Kachhi v. State of M.P. & Ors.). The review petitioner was the respondent No. 6 in the said writ petition. 3. Briefly stated Smt. Kusum Kachhi was appointed on the post of Anganwadi Worker. Smt. Uma Lodhi challenged the selection and appointment of Smt. Kusum Kachhi by filing an appeal before the Collector. The Collector vide order dated 19.6.2014 allowed the appeal by holding that on the cut off date fixed in the advertisement, the age of Smt. Kusum Kachhi was below the minimum prescribed age for the said post. The Collector ordered for appointment of Uma Lodhi in place of Smt. Kusum Kachhi by observing that since she is first in the waiting list, she is entitled for being appointed. The Commissioner in the appeal filed by Smt. Kusum Kachhi maintained the order passed by the Collector. Feeling aggrieved by the aforesaid orders W.P. No. 15008/2014 was filed by Smt. Kusum Kachhi. This court found that on the cut off date (1.1.2012) Smt. Kusum Kachhi was below the age of 18 years, upheld the finding of the Collector and the Commissioner cancelling the appointment of Smt. Kusum Kachhi. While deciding the writ petition, this Court considered the law laid down by the Hon'ble Supreme Court in the case of Shankar K. Mandal & Ors. v. State of Bihar & Ors. (2003) 9 SCC 519 and in the case of Ashok Kumar Sonkar v. Union of India & Ors. (2007) 4 SCC 54 . 4. However this Court had observed that as the 6th respondent was not first in the waiting list, but was at Sr. No. 4 in the waiting list directed the District Programme Officer to initiate proceedings for filling up the post of Anganwadi Worker. 5. (2007) 4 SCC 54 . 4. However this Court had observed that as the 6th respondent was not first in the waiting list, but was at Sr. No. 4 in the waiting list directed the District Programme Officer to initiate proceedings for filling up the post of Anganwadi Worker. 5. Review petitioner Smt. Uma Lodhi is seeking review of that part of the order, by which this Court while upholding the order of the Collector and the Commissioner has set aside the appointment of Smt. Uma Lodhi on the ground that she was not first in the waiting list. 6. Learned counsel appearing for Smt. Uma Lodhi has placed on record document Annexure-D/2 by which while finalising the provisional select list by deciding the objection, the committee constituted for the said purpose had kept Smt. Uma Lodhi at Sr. No.1 in the waiting list and thereby amended the provisional select list in which she was placed at Sr. No.4. In the circumstances, learned counsel appearing for the review petitioner Smt. Uma Lodhi submits that the direction contained in paragraph 8 of the order dated 1.10.2015 passed in WP No.15008/14 needs to be modified to the extent that the order of the Collector and the Commissioner be maintained in the entirety and the direction to the District Programme Officer to initiate fresh proceedings for filling up the post in question be ordered to be deleted. 7. I have considered the submissions made by learned counsel appearing for parties. 8. Having gone through the document Annexure-D/2, which has not been controverted by the counsel appearing for the State and the counsel appearing for Smt. Kusum Kachhi, I find that Smt. Uma Lodhi was not at Sr. No.4 in the waiting list, but she was placed at serial No.1 in the waiting list. 9. Thus there is apparent error in the order dated 1.10.2015 only to this extent when it has been held that she was not at serial No.1 of the waiting list. Thus this part of the order needs modification and it is held that since Smt. Uma Lodhi was at serial No. 1 of the waiting list, her order of appointment as directed by the Collector and the Commissioner is maintained. Thus this part of the order needs modification and it is held that since Smt. Uma Lodhi was at serial No. 1 of the waiting list, her order of appointment as directed by the Collector and the Commissioner is maintained. In the circumstances, the finding recorded by the Collector and the Commissioner to that effect needs to be affirmed and the order passed by this Court directing the District Programme Officer to initiate fresh proceedings for filling up the post deserves to be and is hereby ordered to be deleted. 10. So far as the contention of review petitioner of Review Petition No.853/2015 (Smt. Kusum Kachhi) that in view of document Annexure-RP/2 dated 10.7.2007 filed along with the review petition No. 853/2015 in the year 2013 in which the selection was made Smt. Kusum Kachhi had completed 18 years and therefore, the order passed by the Collector and Commissioner needs to be set aside and the order passed by this Court on 1.10.2015 needs to be reviewed in entirety cannot be accepted. I find that the said contention was not raised before the Collector, Commissioner or even before this Court. Even otherwise when the cut off date was fixed for the purpose of counting of age in the advertisement itself, the same has to be taken to be the last date, in view of the law laid down by the Hon'ble Supreme Court in the case of Shankar (supra) and Ashok Kumar Sonkar (supra). The extension of the last date for submission of the application will not give any right to consider the said date for the purpose of document Annexure-RP/2. Thus no case is made out to invoke jurisdiction of review at the instance of this review petitioner is made out. The contentions raised on behalf of Smt. Kusum Kachhi is of no merit. 11. As a result, the RP No. 853/15 deserves to be and is hereby dismissed. 12. RP No. 791/15 stands allowed for the reasons stated herein above.