Bombay High Court
Bebinada Gangadhar Kharate vs State Of Maharashtr A Thr Its Secrtaruy ... on 2 April, 2025
Author: M. S. Karnik
Bench: M. S. Karnik
2025:BHC-AS:15656-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10992 OF 2023
NIKITA
Bebinada Gangadhar Kharate,
KAILAS
DARADE
Digitally signed
by NIKITA
KAILAS DARADE
Age-38 Years, Occu- Household,
Date: 2025.04.04
17:56:24 +0530
R/at- Sankh, Tal- Jat, Dist-Sangli. ... Petitioner
Versus
1. State of Maharashtra through
Through its Secretary, Women and
Child Development Department,
Mantralaya, Mumbai, 32.
2. Chief Executive Officer, Zilha
Parishad, Sangli. Office at Sangli.
3. Deputy Chief Executive Officer,
(Child Welfare), Zilha Parishad,
Sangli.
4. Chief Development Project officer,
Integrated Child Development
Service Scheme, Umadi, Tal- Jat,
Dist-Sangli.
5. Block Development Officer,
Panchayat Samiti, Jat, Tal-Jat, Dist-
Sangli
6. Pallavi Santosh Waghmare,
Age-21 Year, Occu- Housewife,
R/at- Sankh, Tal- Jat, Dist-Sangli.
7. Priyanka Ganpati Desai,
Age-22 Year, Occu-Housewife
R/at- Sankh, Tal-Jat, Dist-Sangli.
8. Neha Rahul Marathe,
Nikita 1
::: Uploaded on - 04/04/2025 ::: Downloaded on - 06/04/2025 05:16:56 :::
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Age-22 Year, Occu- Housewife,
R/at- Sankh, Tal- Jat, Dist-Sangli ... Respondents
Mr. Balasaheb G. Ligade for the Petitioner.
Mr. Ratan L. Adhe i/b Mr. Pankaj Deokar for the Respondent Nos. 2 to 5.
Mr. V. M. Mali, AGP for the State/Respondent No.1.
CORAM : M. S. KARNIK &
ASHWIN D. BHOBE, JJ.
DATE : 2nd APRIL, 2025
JUDGMENT (PER ASHWIN D. BHOBE, J.)
1. Rule. Rule made returnable forthwith and heard finally by
the consent of the parties.
2. By the present petition, filed under Article 226 of the
Constitution of India, Petitioner questions disqualification of her
candidature to the post of Anganwadi Madatnis and Minor helps for Jat
Taluka (Anganwadi Sevikas). Petitioner has sought for the following
substantial reliefs (a), (b), (c) as under:-
a) Rule be issued, record and proceedings of the case be called for and
after examining the legality, validity and propriety of the impugned fist list
dated 24/7/2023 and final list dated 28.8.2023 issued by the Respondents,
being Exhibit- D and I to this Petition be quashed and set aside;
b) That this Hon'ble Court may be pleased to issue a Writ of Mandamus
or any other appropriate Writ, Order and/or Direction in the nature of
Mandamus, thereby directing the Respondents to issue fresh final list thereby
inclusing name of the Petitioner;
c) Pending hearing and final disposal of the present Writ Petition, this
Hon'ble Court may pleased to pass appropriate order of injunction thereby
directing Respondents not to issue final order in respect of the final list."
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Factual Matrix:-
3. On 23.06.2023, Respondent No.3 published advertisement
("said advertisement") inviting applications from eligible candidates for
the post of Anganwadi Sevikas, for the Jat Taluka. Total posts notified
were 21 and all of them were reserved for women candidates. Age limit
prescribed for candidates as on the cut off date i.e. 31.04.2023 was
minimum 18 years with a outer limit of 35 years. Relaxation was granted
up to 40 years to applicant who was a widow.
4. Petitioner was 38 years of age as on the cut off date.
Petitioner satisfying the eligibility criteria as notified by the said
advertisement, on 03.07.2023 applied for the said post under the
category "widow", claiming benefit of relaxation in the age limit.
5. Respondent No.3, upon scrutiny of the applications received
pursuant to the said advertisement notified the first list dated 24.07.2023
of candidates who were found to be eligible for the said post. Petitioner
was shown at Sr. No. 6, with the observation that Petitioner was
disqualified on two grounds: firstly the Petitioner being overage and
secondly on the ground of the original death certificate of Petitioner's
deceased husband was not attached to the application.
6. Dissatisfied by the disqualification of the Petitioner's
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candidature in the first list, Petitioner sought for the reasons from the
Respondent Nos.1, 2 and 3 for not considering the Petitioner in the
category "widow".
7. Petitioner was orally informed that the death certificate
submitted by the Petitioner was not in proper format and that there was a
discrepancy in the name of the Petitioner's husband.
Being aggrieved by the disqualification of her candidature,
Petitioner is before this Court.
8. On 5th September, 2023, this Court passed the following
order:
"1. Leave to amend the cause title so as to join the persons who
have been selected from Village Sankh, Tal. Jath, Dist. Sangli as
party respondents is granted. Amendment be carried out within
one month from today and thereafter issue notice for final disposal
at the admission to the respondents. Learned AGP waives service
of notice for Respondent No.1-State.
2. Meanwhile, having seen the scrutiny-sheet which shows
that the applicant had applied in the category of widow, for which
the upper age limit for appointment to the post of Anganwadi
Helper was 40 years and also having considered the fact that the
first merit list shows that the petitioner was, at the time of her
application, 38 years old; we direct that if the appointment orders
are not issued in respect of Village Sankh, Tal Jath, Dist. Sangli,
the same shall not be issued till next date.
3. Stand over to 26th September, 2023"
9. Respondent Nos. 2, 3 4 and 5 have filed affidavit in reply
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dated 18.10.2024, opposing the petition. It is the case of the
Respondents, that upon scrutiny of the Petitioner's application, despite
the Petitioner being called upon to furnish the original death certificate
of her late husband, the Petitioner failed to submit the original death
certificate. That the Petitioner has subsequently submitted that an
affidavit on Rs.100 stamp paper stating that husband was known as Mr.
Gangadhar and Mr. Gangaram. Respondents contended that the death
certificate relied by the Petitioner at Exh.H to the petition, depicts that
the date of issuance of the certificate is 07.08.2023 whereas the
application submitted by the Petitioner was on 03.07.2023. Respondents
justified the Petitioner's disqualification on the ground of the Petitioner
being overage and further on the ground of the Petitioner having failed to
produce original death certificate.
Submissions:-
10. Mr. Balasaheb G. Ligade learned Advocate for the
Petitioner has submitted that the Petitioner was duly qualified as on
03.07.2023, and as such the disqualification of the Petitioner was not
proper. He submits that the application submitted by the Petitioner
specifically recorded the Petitioner being a widow aged 38 years. By
placing reliance on the death certificate at Exh.H of the paper book, he
submits that the Petitioner was entitled to the relaxation of five years in
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the category of widow. He further submits that the by way of the
affidavit, Petitioner had clarified that her husband was known as Mr.
Gangadhar and Mr.Gangaram. According to Mr. Ligade, the
Respondents have erroneously disqualified the Petitioner's candidature
thereby denying the Petitioner, a widow, of her entitlement.
11. Per contra, Mr. Ratan L. Adhe, learned Advocate for the
Respondent Nos.2 to 5 submits that the Petitioner having failed to
produce the original death certificate of her late husband, could not seek
the relaxation in the age limit. He submits that the death certificate
produced by the Petitioner at Exh. H. indicates the date of issuance as
07.08.2023, whereas the application submitted by the Petitioner was on
03.07.2023. He submits that the Petitioner did not attach all the
documents required to be furnished along with the application, as such
submits that no fault can be found in the disqualification of the
Petitioner's candidature.
12. Mr. V. M. Mali, learned AGP for the State/ Respondent
No.1 submits that the recruitment process being implemented by the
Respondent Nos.2 to 5, the matter would be between the said
Respondents and the Petitioner.
13. From the rival contentions of the parties, the question that
falls for consideration is whether the Petitioner is entitled to the
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relaxation of five years in the age limit being a applicant under the
category widow? Consequently, whether the disqualification of the
Petitioner's candidature by the Respondent Nos.2 to 5 is arbitrary and
calls for interference.
Analysis:-
14. Controversy is whether the failure of the Petitioner to
produce the original death certificate of her deceased husband and/or the
non production of a proper photo copy of the original death certificate,
would be a ground to reject the Petitioner's candidature for the post of
Anganwadi Sevikas.
15. Perusal of the death certificate at Exh. H, page No.34 of the
petition paper, indicates that the same is of Mr.Gangaram, date of death
recorded is 27.02.2009, the date of registration of death is 23.03.2009
and the date of issuance of the same is 07.08.2023. Respondent Nos.2 to
5 have dealt with the said death certificate in paragraph No.11 of their
reply. Paragraph 11 of the affidavit-in-reply dated 18.10.2024 is
extracted herein:-
"11. I say that, upon perusal of the death certificate issued by the
petitioner at Exhibit- "H" depict that, the date of issuance of certificate
is dt. 07.08.2023, the application submitted by the petitioner on dt.
03.07.2023,, first list was published on dt. 24.07.2023. The Petitioner
failed to submit death certificate at the time of application, hence her
disqualification is right and correct."
16. Though, the Respondent Nos.2 to 5, have raised contention
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with regard to the non production of the original death certificate by the
Petitioner and/or the contention of the stage of production of the death
certificate, however from the records, it is apparent that the Respondents
do not dispute the genuineness or the authenticity of the death certificate
produced by the Petitioner at Exh. H to the Petition.
17. Petitioner has affirmed an affidavit, clarifying her husband
being known as Gangadhar and Gangaram, which is also referred to by
the Respondent Nos. 2 to 5 in paragraph No. 9 in their affidavit-in-reply.
18. Petitioner has passed XII standard. Petitioner has cleared
Maharashtra State Certificate in Information Technology (MS-CIT).
Petitioner belongs to Dhor Scheduled Caste.
19. Intention of rule making authorities to grant relaxation to
candidates who are widows, is apparently aimed to achieve economic
empowerment of such widows by becoming working women, after
having lost their life partner. Empowerment of widows would equip
them to be economically independent and enable them to face any
situation in life. We are of the opinion that the Petitioner who satisfies
the criteria under the said advertisement, is entitled to claim age
relaxation being a widow, consequently Petitioner deserves an
opportunity to participate in the recruitment process. Respondent Nos. 2
to 5 have on a hyper technical consideration, disqualified the Petitioner's
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candidature. We have no hesitation in taking a view that will further the
object of the provisions, rather than taking a technical view which will
frustrate the claim of the Petitioner which is genuine.
20. For the aforesaid reasons we set aside the disqualification of
the Petitioner's candidature, by holding the Petitioner to be eligible to
the age relaxation, being widow. The Respondent Nos. 2 to 5 are hereby
directed to include the name of the Petitioner in the merit list of
candidates for the post of Anganwadi Sevikas as notified by the said
advertisement and further to consider the candidature of the Petitioner to
the said post in accordance with law.
21. Rule made absolute in the above terms. There shall be no
orders as to cost.
(ASHWIN D. BHOBE, J.) (M. S. KARNIK, J.)
