Rewati Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 16407 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         WP No. 25341 of 2023
                                        (REWATI VERMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 05-10-2023
                                 Shri Girish Patwardhan, Senior Counsel with Ms. Rachna Dubey,

                           counsel for the Petitioner.
                                 Ms. Pranjali Yajurvedi, Panel Lawyer for State.
                                 Petitioner is challenging the order dated 26.8.2022 passed by the
                           Collector and dismissal of appeal dated 18.9.2023. Counsel for the petitioner
                           submits that respondents have issued advertisement for the post of Anganwadi

Karakara in Umred, Tahsil Suthaliya, district Rajgarh. The petitioner has acquired 58.60 marks. Petitioner was appointed on the said post on 1.2.2022. Respondent No. has clearly mentioned in her application form that she was not divorcee on the date of application. Lateron decree of divorce dated 28.2.2022 was passed in favour of the respondent No.2. On the basis of said decree, the Collector has allowed the appeal filed by the respondent No.2 and directed to appoint her in place of the petitioner. The petitioner filed appeal and same has also been dismissed.

3. It is contention of counsel for petitioner that on the date of application

and appointment of the petitioner, the respondent No.2 was not divorcee. The orders passed by the Collector and the Commissioner are illegal. He further argued that if a candidate acquires eligibility subsequently after last date of submission of application form, the same would not make entitle the candidate eligible for appointment. In support of his submission, he has placed reliance on the judgment passed by the Apex Court in the case of Rakesh Kumar Sharma Vs. State (NCT of Delhi) and others, (2012) 11 SCC 58. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-10-2023 16:32:31

4. Issue notice to the respondents on payment of P.F. by RAD within 7 working days returnable within 4 weeks.

5. Till then, the status quo as it exists today in respect of post of Anganwadi karyakarta in Umred, Tahsil Suhaliya shall be maintained.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-10-2023 16:32:31