KALAWATI Vs. STATE OF M.P
LAWS(MPH)-2020-3-174
HIGH COURT OF MADHYA PRADESH
Decided on March 05,2020

KALAWATI Appellant
VERSUS
STATE OF M.P Respondents

JUDGEMENT

VIVEK RUSIA,J. - (1.)The petitioner has filed the present petition being aggrieved by order dated 11.1.2013 whereby respondent No.5 was appointed as Anganwadi Worker in Anganwadi Centre Sarangpada, Gram Panchayat Chandera and order dated 25.8.2017 whereby the appeal filed by the petitioner has been dismissed.
(2.)The petitioner and respondent no.5 participated in the selection process for the post of Anganwadi Worker in Ward No.1, Sarangpada, Gram Panchayat Chandera. After examining the entire documents filed along with the applications, the Project Officer prepared the tentative list. Since no objection was submitted by the petitioner in respect of appointment of respondent No.5, therefore, vide order dated 11.1.2013, the Project Officer has appointed her. After the aforesaid appointment, the petitioner preferred an appeal before the Additional Collector which was registered as Case No.6/Appeal/2014-15. The Project Officer filed the reply by submitting that the documents submitted by respondent No.5 were duly verified and she was found resident of Sarangpada and accordingly she was appointed. Vide order dated 25.8.2017, learned Addl. Collector has dismissed by recording the finding as under :
....[VARNACULAR TEXT OMITTED]....

(3.)Being aggrieved by the aforesaid order, the petitioner has preferred the present petition, whereas Clause C-6 of circular dated 10.7.2017, petitioner ought to have preferred second appeal before the Commissioner within ten days, but she filed the present petition after the lapse of five months before this Court after passing of the order by Addl. Collector. Since this Court has issued notices to the respondents, therefore, at this stage the petitioner is not relegated to file second appeal.


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