High CourtsSingle Bench(2020) 01 MP CK 0036

Ku. Arti Swa Sahayta Samooh vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 10 January 2020

HON’BLE JUDGES
Vishal Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 23809 Of 2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

18 paragraphs · 641 words

The present petition has been filed seeking following reliefs :-

"A) That, order/expression of interest dated 30/10/19 Annexure P-1 and Annexure P-2 dated 02/11/19 may kindly be quashed/set aside as far as relates to the 32 Aganwadi Centers from Ward No.10 to 18 area i.e. municipal area Gohad, District Bhind and the respondents be further directed to permit the petitioner to work after extending their period.

B) Respondents may kindly be directed to extend the period of work.

C) Any other relief which this Hon'ble Court may deemed fit in the circumstances of the case be also be granted.

D) Cost may also be awarded."

Challenge  is  made  to  the  advertisement  dated  23.10.2019, whereby the applications are being invited for the work of distribution of nutritious food in 10 Aganwadi centers. It is alleged by the counsel for the petitioner that she is working since year 2017 continuously and 32 Aganwadi  Centers are  under  the  petitioner  situated  at  Nagar Panchayat, Tehsil Gohad, District Bhind. This Court has entertained the petition i.e. W.P.No.24076/2019 which was disposed of with the following observation, which read as under :-

It is alleged by the petitioner that he is working since year 2017 till date and 10 Anganwadi centers are under the petitioner situated at rural area of Bhind at Nagar Parishad Akoda, District Bhind. It is submitted that the petitioner has already executed the agreement to the year 2018-19 and there are no complaints as against the petitioner till date. He draws attention of this Court towards clause 10.1 of the Policy, Annexure P/5, which reads as under:

''10. अन्य व्यवस्था:-

10.1 जहां पूर्व से चयनित स्व सहायता समूह अच्छा कार्य कर रहे हैं, जहां इन चयनित समूहों के संबंध में अनियमितताएं इत्यादि संबंधी शिकायतें हैं, केवल उन्हीं सीनो पर संबंधित का पक्ष सुनकर तदानुसार निर्णय कलेक्टर/मुख्य कार्यपालन अधिकारी, जिला पंचायत द्वारा लिया जा सकेगा।

It is further submitted that in pursuance to the aforesaid clause, petitioner is having a right for distribution of nutritious food but respondents/authorities have cleverly issued an advertisement that too not in the local News paper, but in the News paper at Bhopal and invited the applications. It is submitted that petitioner has already submitted a detailed representation, Annexure P/12 before the Collector, Bhind, and prays for its early disposal as the last date for submission of the applications is 18.11.2019 and thereafter, the allotment will be made and the petitioner will suffer a loss.

Per contra learned Govt. Advocate for the State has no objection to the innocuous prayer made by the counsel for the petitioner and submits that the representation preferred by the petitioner will be dealt with and decided as expeditiously as possible.

Considering the aforesaid facts and circumstances of the case, present petition is disposed of with a direction to the petitioner to resubmit a copy of representation by tomorrow before respondent No. 2/Collector Bhind, who shall consider the same and decide the representation expeditiously preferably within a period of seven days. This Court has not stayed the process in pursuance to the advertisement dated 23.10.2019 but no final allotment shall be made till the representation of the petitioner is decided.

It is made clear that representation should be dealt with specifically by the Collector himself."

It is further submitted that the petitioner claims the similar relief and states that the proceeding with regard to allotment has not been finalized in pursuance to the advertisement dated 23.10.2019.

Learned Govt. Advocate for the State has no objection to the innocuous prayer made by the petitioner.

Considering the aforesaid, this petition is disposed off in the light of the order passed in W.P.No.24076/2019 vide order dated 14.11.2019.

It is made clear that in case the order is made effective in case, no final allotment of Aganwadi Centers is made till date.

Petition stands disposed of in above terms.