Madhya Pradesh High Court: A Single Judge Bench comprising of Sanjay Dwivedi, J., addressed the issue whether the required qualification available with the petitioner at the time of submitting application should be continued till the date of appointment or not.
The facts of the case are such that the petitioner and the respondent both applied for the post of Aaganwadi Sahayika for Centre-Kasada. Since they fall under the poverty line they had been issued BPL cards which gave them the advantage of 10 bonus marks more than what they actually secured. Earlier in the Rank list for the post, respondent was on 1st rank and before post could be assigned to her, her BPL card was cancelled due to which her marks were reduced and accordingly she came down to 2nd rank and hence petitioner was given the post instead of respondent. Commissioner when perusing the matter affirmed the collector’s order where it was held that the date of application is material and not the date of respondent’s appointment.
The Court observed that the purpose of appointment to a lady on the post of Aaganwadi Sahayika securing her name in the list of BPL would be lost if, in the end, she is not a part of that list. The cancellation of her card takes her back to the situation where she never received any such card and is not eligible to receive 10 bonus marks thereby putting her at 2nd rank. Therefore, impugned orders of Collector and Commissioner was set aside directing petitioner’s appointment to the post of Aaganwadi Sahayika. [Tulsi Vishwakarma v. State of M.P.,2018 SCC OnLine MP 480, dated 09-08-2018]
