Kavitabai Dharmaraj Patil v. The State Of Maharashtra And Others

1 wp 3739.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1050 WRIT PETITION NO.3739 OF 2021 KAVITABAI DHARMARAJ PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. Patil Sandesh R. AGP for Respondent No. 1: Ms. P. V. Diggikar Advocate for Respondents No. 2 & 3:

Mr. M. S. Sonawane ...

CORAM: S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATE:

12th MARCH, 2021 PER COURT:

1.

Mr. Patil, learned Counsel for the petitioner submits that the petitioner is working as Anganwadi Madatnis at village Khardi for more than 10 years. The post of Anganwadi Sevika at the said village has become vacant. The petitioner is 9th pass. The petitioner can be considered for the post of Anganwadi Sevika. Instead of considering the petitioner for the post of Anganwadi Sevika, the advertisement is issued by the respondents, the same is illegal. The respondents are given the powers to relax the educational qualification

2 wp 3739.2021 under Government Resolution dated 13.08.2014. The learned Counsel to substantiate his contention relies on the judgment of the Division Bench of this Court in case of Rajeshree Rajaram Ghude and others Vs. State of Maharashtra and others reported in 2006(5) Mh.L.J. 400.

2.

Mr. Sonawane, learned Counsel for respondents no. 2 and 3 submits that the petitioner is not qualified for the post of Anganwadi Sevika. The qualification for the post of Anganwadi Sevika is 10th pass. The petitioner does not possess the said qualification. The relaxation of the condition of 10th pass can be made, if, no suitable candidate of the requisite qualification is available. The learned Counsel submits that pursuant to the advertisement, the qualified candidates possessing 10th qualification have applied.

3.

Admittedly the petitioner does not possess the qualification of 10th pass. The petitioner is 9th pass. To be eligible for appointment as a

3 wp 3739.2021 Anganwadi Sevika, the candidate should be 10th pass. If, the petitioner would have possessed the qualification of 10th Standard, then naturally the petitioner could have been directly appointed as Anganwadi Sevika; as she is working as Anganwadi Madatnis in the same village. However, the petitioner does not possess the said qualification. The relaxation in qualification is prescribed, if, the eligible candidate is not available. In case, pursuant to the advertisement, if, the eligible candidate does not apply, then certainly the petitioner can be considered for relaxation of qualification. If the qualified candidates are available pursuant to the advertisement, then certainly the request of the petitioner cannot be considered.

4.

The respondents may take further steps pursuant to the applications received.

5.

Writ Petition is disposed of. No costs.

[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.] marathe