Sau. Pushpa Khushal Dhanorkar And ... vs State Of Maharashtra Through Its ...
2022 Latest Caselaw 11627 Bom

                                                                214jud wp 1337.2015.odt
                                           1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

                    WRIT PETITION (WP) NO. 1337/2015

1.       Sau. Pushpa Khushal Dhanorkar
         Age 34 Years, Occu. Anganwadi Sewika
         R/o At Post Wasachak, Tah and Distt.
         Gadchiroli

2.       Sau. Kunda Domaji Dhawle
         Age 41 Years, Occu. Anganwadi Sewika
         R/o Pipartola, Tah. and Distt. Gadchiroli

3.       Sau. Lalita Soma Meshram
         Age 44 Years, Occu. Anganwadi Sewika
         R/o Kotgal, Tah. and Distt. Gadchiroli.            ..... PETITIONER(S)

                                   // VERSUS //

1.       State of Maharashtra
         through its Secretary,
         Women's Child Development Department,
         Mantralaya, Mumbai:- 400032

2.       The Collector, Gadchiroli cum Chairman
         District Selection Committee, Gadchiroli

3.       The Chief Executive Officer cum Member
         District Selection Committee, Gadchiroli,
         Zilla Parishad, Gadchiroli                        .... RESPONDENT(S)
---------------------------------------------------------------------------------------

Mrs. Prachi T. Joshi, Advocate with Mr. G.N. Khanzode, Advocate for the petitioners Mr. D.P. Thakare, Additional Government Pleader for respondent nos. 1 and 2 Mr. Jayant Mokadam, Advocate for respondent no. 3

---------------------------------------------------------------------------------------

CORAM : A.S. CHANDURKAR AND M. W. CHANDWANI, J.J.

DATED : 15/11/2022

ORAL JUDGMENT : (PER:- A. S. CHANDURKAR, J.)

SMGate 214jud wp 1337.2015.odt

The challenge raised in this writ petition is to the selection

list dated 14.01.2015 that has been published by District Selection

Committee, Gadchiroli in the matter of selection on the post of

Supervisors from amongst Anganwadi Sewikas.

2. The learned Counsel for the petitioners submits that despite

making attempts to obtain instructions from the petitioners, they have

not rendered any instructions.

3. With the assistance of the learned Counsel for the parties,

we have perused the writ petition and documents on record. It is seen

that pursuant to an advertisement issued by Zilla Parishad, Gadchiroli on

22.08.2014, applications for filling in various posts were invited. Insofar

as the present proceedings are concerned, the post is of Supervisor from

amongst Anganwadi Sewikas. The petitioner nos. 1 and 3 applied from

Open Category while the petitioner no. 2 applied from the Scheduled

Caste Category. As per Government Resolution dated 04.03.2005, the

selection criteria was fixed. 75 marks were allotted for written test and

25 marks for oral test. On 02.11.2014, the written test was conducted

and list of candidates who had secured minimum 35 marks and above

came to be published. The petitioners secured 57, 53 and 54 marks

respectively in the written test. In the said merit list, there was 35

candidates. The petitioners were also interviewed. The petitioner no. 1

SMGate 214jud wp 1337.2015.odt

secured 69 marks out of 100 marks, the petitioner no. 2 secured 68.2

marks out of 100 marks and the petitioner no. 3 secured 70.2 marks out

of 100 marks. It is thereafter that the selection list dated 14.01.2015

came to be prepared. Pursuant thereto, orders of appointment also came

to be issued to the successful candidates.

4. It is seen that the selection process is shown to have been

conducted in a fair and transparent manner in accordance with the

advertisement as issued as well as the Government Resolutions dated

17.11.2001 and 04.03.2005. Though the petitioners have challenged the

said selection list, it is seen that even prior to filing of the writ petition

on 25.02.2015 the Zilla Parishad had issued appointment orders dated

02.02.2015 to the selected candidates pursuant to which, the successful

candidates have been appointed on the respective posts. The successful

candidates likely to be affected by grant of relief in the present writ

petition have not been impleaded as respondents. It appears that by

passage of time, the petitioners have lost interest in prosecuting the

present writ petition.

5. Accordingly, the writ petition is dismissed. Rule is

discharged. No costs.

          Personal
          Assistant to the
          Hon'ble Judge
          Digitally
SANDIP    signed by
          SANDIP
MAHADEV
GATE
          MAHADEV
          GATE                            (M. W. CHANDWANI, J.)             (A. S. CHANDURKAR, J.)
          Date:
          2022.11.16
          10:31:50
          +0530

                             SMGate