SANJAY YADAV,J. - (1.)Challenge is to an order dated 06.11.2012 whereby Commissioner, Gwalior Division Gwalior has affirmed the order passed by the Collector, Shivpuri (M.P.).
(2.)Relevant facts giving rise to the controversy are that in pursuance to the advertisement for appointment of Mini Aanganwadi Karyakarta, Gram Panchayat Vishanpura, one Smt. Asha Devi w/o Siyaram was appointed; however, mark-sheet having found forged, the incumbent second in merit list, present petitioner, was appointed by order dated 30.03.2010. Her appointment was challenged by respondent No. 5 on the ground that the appointment is in contravention to the policy and that she has been wrongly shown to have obtained 112 marks in Class 5 instead of 122 marks. Collector by order dated 15/05/2012 allowed the appeal and set aside the order of appointment. The matter was remanded to the District Programme Office, Women and Child Development, Shivpuri (M.P.). On an appeal preferred by the petitioner on the ground that the Collector without affording an opportunity of hearing had decided the appeal. The appellate authority while upholding the order passed by Collector, also found that the appeal was time barred, accordingly non suited the petitioner. Aggrieved, petitioner has filed present petition on the ground that the Appellate Authority has grossly erred in not adverting to the contention that the Collector without affording any opportunity of hearing passed the order. It is also urged that the Appellate Authority committed an error in holding that the appeal is barred by time.
(3.)Respondents No. 1 to 4 and Respondent No. 5 have respectively filed the return; whereby they have supported the order passed by the Commissioner. It is urged that the Collector after going through entire record found that there were irregularities committed in the selection process by awarding less marks to respondent No. 5. It is urged that Commissioner, also, did not err in appreciating the facts in right perspective.