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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIIL APPEAL NO. 5323   OF 2008                (Arising out of SLP(C)No.18954 OF 2005)

LATA ... APPELLANT(S)

:VERSUS:

CHIEF EXECUTIVE OFFICER AND ORS. ... RESPONDENT(S)

O R D E R

Despite service of notice, nobody appears for the respondent Nos. 3 &

4.

Leave granted.

This appeal is directed against the judgment and order dated 11.4.2005

passed by the High Court of  Judicature at Bombay, Nagpur Bench, Nagpur, in

Writ Petition No. 3305/2005 whereby and whereunder the writ  petition filed by

respondent No.4 herein was allowed in part.

The State of Maharashtra issued an advertisement for appointment to

three posts of Anganwadi Sevika, Rohinkhed in the year 2003. An interview was

held on 20.7.2003. The appellant admittedly obtained the highest marks amongst

the candidates of Village Rohinkhed. However, as no order for sanction of the said

post was issued  she was not appointed.

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In  the  year  2004,  another  advertisement  was  issued  for  one  post  of

Agganwadi  Sevika.  Both  the  appellant  and  the  private  respondents  applied  for

appointment  in  the  said  post.  In  the  interview  held  pursuant  to  the  second

advertisement, respondent No.4 obtained more marks than the appellant.  

It appears that two offers of appointment were issued on 30.6.2004; one

in terms of sanction letter dated 30.6.2004 appointing respondent No.3 herein as an

Anganwadi  Sevika  at  Rohinkhed  and  another  in  terms of  sanction  letter  dated

28.6.2004 appointing the appellant herein as Anganwadi Sevika in the Additional

Anganwadi Centre, Rohinkhed.  

    On the said basis and keeping in view the performance of the appellant in the

selection process held in the year 2003, another offer of appointment was issued in

favour of the appellant on 30.6.2004 itself.  

The  respondent  No.4  filed  a  writ  petition  before  the  High  Court

questioning the said order of appointment. By reason of the impugned judgment,

the High Court allowed the writ petition in part directing:  

“In the result,  writ  petition deserves  to be partly allowed.  We allow  writ  petition  partly  and  quash  and  set  aside  the appointment of respondent No.4 made to the post of Anganwadi Sevika and we direct the respondent No.1 and 2 to fill in the post of Anganwadi Sevika which has become vacant by issuing fresh advertisement  and  after  conidering  the  claims  of  all  eligible

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candidates.”

The High Court in arriving at the said decision opined that respondent

No.4  (writ  petitioner  in  the  High  Court)  had  secured  higher  marks  than  the

appellant.  Learned counsel  for the appellant would  submit that the High Court

committed a serious error in passing the impugned judgment in so far as it failed to

take into consideration that as the appointment of respondent No.3 as Anganwadi

Sevika, Rohinkhed was made  in the regular post, the appointment of the appellant

herein was made for the additional Anganwadi Centre, Rohinkhed.

Our attention was also drawn to the fact that  the offer of appointment

was  issued  in  favour  of  respondent  No.3  in  terms  of  the  sanction  letter  dated

30.6.2004,  whereas  the  appellant  has  been appointed in terms of  sanction  letter

dated 28.6.2004.  

If the order of sanction dated 28.6.2004 was passed on the basis of the

interview held pursuant to the advertisement issued in the year 2003, wherein the

appellant obtained the highest marks amongst the candidates of Village Rohinkhed,

we are of the opinion that respondent No.1 cannot be said to have committed any

error in issuing the offer of appointment  in favour of the appellant in respect of the

additional Anganwadi Centre, Rohinkhed.  

The impugned judgment, therefore, cannot be sustained and it is set

aside. The appellant's services has since been terminated. She may be reinstated in

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service. The appeal is allowed accordingly. No costs.        

......................J (S.B. SINHA)

.......................J   (CYRIAC JOSEPH)    NEW DELHI, AUGUST 29, 2008.