Jabalpur, Apr 2 (ILNS) The Jabalpur Bench of Madhya Pradesh High Court has dismissed the petition of a candidate belonging to the economically weaker section (EWS) category, seeking additional 10 marks for appointment to the post of Anganwadi Karyakarta.
According to Petitioner Rubi Mishra, she was aggrieved by the inaction of the Department of Women and Child Development, for not granting her additional 10 marks as per the new amendment in Article 16 of the Constitution, which states, “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of 10 per cent, of the posts in each category.”
M Shafiqullah, Counsel for the petitioner, submitted that Ruby belongs to the economically weaker section and certificate in this regard has already been issued by the Tahsildar Raghurajnagar District Satna on July 14, 2020. The petitioner made an application before the Department of Women and Child Development with necessary candidatures, along with a certificate dated July 14, 2020 for appointment on the post of Anganwadi Karyakarta, however, the same was not given to her.
The Counsel further stated that persons of other caste such as SC/ST categories were given the benefit of five marks for their caste, however, the same benefit has not been given to her.
Tapan Bathre, Counsel for the state, pointed out that the petitioner belongs to a general category and not to the SC/ST or any backward class, hence additional five marks cannot be given to her. It further pointed out that vide circular dated July 10, 2007, 10 marks has already been granted to the persons, who are living below the poverty line. It is stated that the petitioner has already been granted 10 marks for that purpose, hence her claim cannot be considered in the Petition.
Justice Nandita Dubey, after hearing the arguments from both the Counsels, observed that “Article 16 of the Constitution, which was amended vide circular dated July 2, 2019, clearly stated that the state government may prevent the reservation of appointments or posts in favour of any economically weaker sections of citizens, however, the same has discretion of the State Government.
“Since this provision has already been incorporated in the appointment of Anganwadi Karyakarta as reflected from the circular dated July 10, 2007 and the petitioner has already been granted 10 marks for belonging to economically weaker sections, the additional 5 marks granted to the SC/ST category cannot be granted to the petitioner, as she belongs to the general category,” the Court added. ILNS/SNG/RJ