2013 (9) TMI 1099 - HC - Indian Laws

Summary

Issues Involved:
1. Legality/validity of the order dated 03.11.2011 by the learned Single Judge.
2. Eligibility of respondent No.5 based on the submission of the Nativity Certificate after the cut-off date.
3. Application of Section 10 of the General Clauses Act regarding submission deadlines falling on holidays.

Summary:

Issue 1: Legality/Validity of the Order Dated 03.11.2011
The appellant challenged the order dated 03.11.2011 passed by the learned Single Judge in W.P.(C) No.23288 of 2010, which dismissed the Writ Petition and upheld the order dated 26.11.2010 by the Additional District Magistrate (ADM), Subarnapur. The ADM had rejected the appellant's selection as Anganwadi Worker for Jamchhapar Anganwadi Centre.

Issue 2: Eligibility of Respondent No.5 Based on Nativity Certificate Submission
The appellant argued that respondent No.5 was ineligible as she did not submit the Nativity Certificate by the cut-off date of 31.01.2010. Respondent No.5 submitted her application on 30.01.2010 without the Nativity Certificate, which was later produced on 01.02.2010. The ADM and the learned Single Judge held that since 31.01.2010 was a Sunday, the next working day (01.02.2010) should be treated as the last date for submission. Consequently, respondent No.5's application was considered valid.

Issue 3: Application of Section 10 of the General Clauses Act
The court referred to Section 10 of the General Clauses Act, which states that if the last day of a prescribed period falls on a holiday, the act can be done on the next working day. The court cited precedents, including the Supreme Court's decisions in Huda Vs. Babeswar Kanhar and others, and Mohammed Gazi Vs. State of M.P. and others, to support this interpretation. The court concluded that respondent No.5's submission of the Nativity Certificate on 01.02.2010 was within the permissible time frame.

Conclusion:
The court found no illegality in the order of the learned Single Judge dated 03.11.2011, which upheld the ADM's decision to reject the appellant's selection and engagement as Anganwadi Worker. The Writ Appeal was dismissed.