Bombay High Court
Anita Hiralal Koli vs The State Of Maharashtra And ... on 8 August, 2016
Bench: R.V. Ghuge
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7705 OF 2015
Anita W/o Hiralal Koli,
Age-32 years, Occu-Service,
C/o Hiralal Bhikan Koli,
At Post : Zotwade, Tq.Sindkheda, PETITIONER
Dhule
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Integrated Child Development
Department, Mantralaya,
Mumbai-32.
2. The Divisional Commissioner,
Nashik Division, Nashik,
3. Savita Sukdev Shirsath,
C/o Shri Sukdev Manga Shirsath,
R/o Zotwade, Tq.Shindkheda,
Dist.Dhule,
4. Child Development Officer /
Member of Anganwadi Sevika
Taluka Selection Committee,
Integrated Child Development
Service Scheme (Rural) Sindkheda
Tq.Sindkheda, Dist.Dhule,
5. Taluka Medical Officer /
Member of Anganwadi Sevika
Taluka Selection Committee,
Sindkheda, Tq.Sindkheda,
Dist.Dhule
6. Subhash Nago Mali,
Member Panchayat Samiti /
Member of Anganwadi Sevika
Taluka Selection Committee,
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2
Sindkheda, Tq.Sindkheda,
Dist.Dhule,
7. Shamkantji Saner, President
of Anganwadi Sevika
Taluka Selection Committee,
Sindkheda, Tq.Sindkheda,
Dist.Dhule,
8. The Chief Executive Officer, RESPONDENTS
Zilla Parishad, Dhule
Mr.D.B.Thoke, Advocate for the petitioner.
Mr.S.W.Munde, AGP for respondent Nos. 1 and 2.
Mr.S.P.Brahme, Advocate for respondent No.3, 5 to 7.
Mr.R.V.Dasalkar h/f Mrs.Jadhav Vaishali, Advocate for respondent
Nos. 4 and 8.
( CORAM : RAVINDRA V. GHUGE, J.)
DATE : 08/08/2016
ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith by the consent of the
parties. I have heard the learned Advocates for the petitioner and
on behalf of the respondents.
2. The petitioner is aggrieved by the order dated 09/04/2015
passed by the Divisional Commissioner, Nasik Division, by which the
earlier decision of the said authority dated 21/08/2012 has been
maintained.
khs/AUGUST 2016/7705-d
3. The petitioner contends that she was eligible for appointment
as "Anganwadi Sevika". She was so appointed after a proper
selection process. Her appointment was challenged by respondent
No.3 on the ground that she had submitted a false caste certificate
dated 20/11/1979 when she herself claimed to have been born on
01/03/1980, which is mentioned on her application for appointment.
The petitioner's appointment was also challenged for having been
allotted 10 out of 10 marks for being physically abled, though she
bears a certificate dated 09/09/1999 indicating her disability to the
extent of 45%.
4. By order dated 21/08/2012, the Divisional Commissioner,
respondent No.2 allowed the appeal filed by respondent No.3 and set
aside the appointment of the petitioner. By order dated 26/02/2014
passed by this Court in WP No.7324/2012, the petitioner's petition
was allowed thereby remitting the matter to respondent No.2 for
deciding whether the caste certificate is false or not and whether she
is abled or disabled.
5. By the impugned order dated 09/04/2015, the contention of
the petitioner has been rejected and the cancellation of her
appointment as "Anganwadi Sevika" has been sustained.
khs/AUGUST 2016/7705-d
6 Mr.Thoke, learned Advocate has strenuously criticized the
impugned order. He contends that the petitioner's date of birth is
02/06/1979. Caste certificate issued by the Tahsildar and Executive
Magistrate is dated 20/11/1979. As such, there is no illegality with
regard to her date of birth and her caste certificate. It is further
submitted that the petitioner has executed an affidavit dated
01/04/2011 claiming therein that the petitioner Sau.Anita Hiralal
Koli, by her marital name is the same person as Kalpana Dangal Koli
@ Anita Dangal Koli, her maiden name.
7. This petition, besides being devoid of merit, does not deserve to
be entertained for the following reasons :-
[a] The petitioner has herself filled in her application form for
appointment of "Anganwadi Sevika".
[b] She has passed 12 standard having scored 53.83%.
[c] She has herself mentioned her date of birth as 01/03/1980.
[d] Her caste certificate, copy of which is placed on record and
marked as Exhibit "X" for identification, indicates that it was
issued on 20/11/1979.
[e] To overcome the above peculiar situation, the petitioner has
tendered an affidavit sworn by her on 01/04/2011 stating that
Kalpana Dangal Koli, Anita Dangal Koli and Anita Hiralal Koli
are one and the same person as the last name is her marital
name and the earlier two names are her maiden names.
khs/AUGUST 2016/7705-d
[f] It is admitted on instructions by the petitioner that her elder
sister is Kalpana Dangal Koli.
[g] The fact that the petitioner's elder sister is Kalpana Dangal Koli
is not mentioned in the affidavit which clearly indicates that the
petitioner has resorted to a mischief by projecting herself as
Kalpana Dangal Koli, born on 02/06/1979 when the caste
certificate in favour of Anita Dangal Koli is prepared on
20/11/1979 and the birth date mentioned by the petitioner
herself is 01/03/1980 in her application form.
8.
Considering the above, this Court is not required to go into the
disputed issue in its supervisory jurisdiction. Suffice it to say that
the petitioner being an educated person, has mentioned her date of
birth as 01/03/1980 and has tried to project herself to be Anita
Dangal Koli as well as Kalpana Dangal Koli. Under such
circumstances, respondent No.2 has rightly concluded that the caste
certificate is suspicious and unbelievable.
9. Through the affidavit of respondent No.3 dated 05/03/2016,
the disability certificate issued by the Civil Surgeon in favour of the
petitioner is placed on record indicating her disability to the extent of
45%. The petitioner, therefore, could not have been granted 10 out of
10 marks for being a 'well abled' person. This contention in the
affidavit of respondent No.3 has not been denied despite the fact that
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the petitioner has filed a rejoinder on 19/06/2016.
10. In the light of the above, this petition being devoid of merit is,
therefore, dismissed.
( RAVINDRA V. GHUGE, J.)
khs/AUGUST 2016/7705-d
