Kavitabai Dharmaraj Patil vs The State Of Maharashtra And ...
2021 Latest Caselaw 4621 Bom

                                      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 9 th

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 10 th

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