2021 (11) TMI 1143

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....Prajapati Vs. Ku.Aarti Dahayat and another) vide order dated 12.1.2021. Brief facts leading to present petition are that an advertisement was issued for appointment of Anganwadi karyakarta/Sahayaka for which both the petitioner as well as private respondent No.6 were candidates. It is not in dispute that a provisional select list was published in which name of the private respondent was placed above that of the petitioner on account of her scoring more marks than the petitioner which included 10 marks for holding BPL card. However, an objection was raised on behalf of the present petitioner that private respondent was not entitled to grant of 10 marks for BPL category and, therefore, the score was reduced from 61.50 to 51.50 relegating h....

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.... Learned counsel for the petitioner submits that firstly private respondent's name was not mentioned in the ration card; secondly no attempt was made by the matrimonial family of the private respondent to get her name included; thirdly the authorities of the Department while making scrutiny found certain manipulations and, therefore, they had reduced 10 BPL remarks but Collector, Rewa arbitrarily recorded a finding that not only the name of the private respondent finds mention in the ration card but the cutting in her name etc. is duly authenticated by the concerned Sarpanch of village Mandwa. It is further submitted that petitioner is still working and, therefore, some indulgence be shown inasmuch as it is settled principle of law that na....

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....rated by "or" are read in the alternative; and, in the case of Patel Chunibhai Dajibha Vs. Narayanrao, AIR 1965 SC 1457, negative conditions connected by "or" are construed as cumulative and 'or' is read as 'nor' or 'and'. Thus, if these judgments are taken into consideration then positive conditions separated by 'or' symbolised by forward slash which means 'or' are to be read in the alternative and meaning of such a reading will be that at the time of the application, the applicant herself or in alternative her family members should be the holders of valid BPL card document. When tested on this legal proposition then there is no iota of doubt that when petitioner herself admits that father-in-law and husband of the private respondent ar....