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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • SECTION 16 MADHYA PRADESH LAND REVENUE CODE
  • Section 17 of the Code
  • Section 17(2) and 17(3) of the Code.
  • sub-section (2) and sub-section (3) of Section 17 of the Madhya Pradesh Land Revenue Code,
  • Sub-section (3) of Section 17
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • SECTION 16 MADHYA PRADESH LAND REVENUE CODE
  • Section 17 of the Code
  • Section 17(2) and 17(3) of the Code.
  • sub-section (2) and sub-section (3) of Section 17 of the Madhya Pradesh Land Revenue Code,
  • Sub-section (3) of Section 17
Smart Summary

Factual and Procedural Background

The present writ appeal arises from a dispute concerning the appointment to the post of Anganwadi Sahayika at Gram Panchayat Khejramaphi, Tehsil Jaisinagar, District Sagar. Both the petitioner and respondent no. 6 were candidates for this post. The appointment was initially issued in favour of the appellant (petitioner) on 26/07/2022, who joined service on the same day. Respondent no. 6 challenged this appointment before the Additional Collector, Sagar, who rejected the appellant's claim and cancelled the appointment order dated 26/07/2022 in favour of respondent no. 6 by order dated 4/11/2022. The Additional Collector awarded respondent no. 6 60 marks in the final merit list, elevating her to serial number 1 due to seniority in age. The appellant challenged this decision before the Divisional Commissioner, Sagar Division, but the appeal was dismissed on 16/05/2023. Subsequently, the learned Single Judge held that the Additional Collector did not have the authority to decide the appeal as the scheme designated the Collector, not the Additional Collector, as the appellate authority. This order was challenged in the present writ appeal by respondent no. 6.

Legal Issues Presented

  1. Whether the Additional Collector had the authority to decide the appeal concerning the appointment of Anganwadi Sahayika, given that the scheme designates the Collector as the appellate authority.
  2. Whether the principle of non-delegation ("Delegatus non potest delegare") applies to the delegation of powers from the Collector to the Additional Collector in this context.
  3. Whether the distribution of work by the Collector to the Additional Collector under the Madhya Pradesh Land Revenue Code permits the Additional Collector to exercise powers conferred on the Collector.

Arguments of the Parties

Appellant's Arguments

  • The Additional Collector was authorized to exercise the delegated authority under the scheme and work distribution by the Collector, District Sagar.
  • The decision of the learned Single Judge that the Additional Collector could not exercise the Collector's functions was improper.
  • Reliance on the judgment in Kaushal Prasad Kashyap Vs. State of M.P. and others (1999) to argue that the Collector includes the Additional Collector for exercising delegated powers under the Madhya Pradesh Panchayat Raj Adhiniyam.
  • Reference to Sections 16 and 17 of the Madhya Pradesh Land Revenue Code, which provide for appointment of Collectors and Additional Collectors, and empower Additional Collectors to discharge duties of the Collector under the Code and other enactments.
  • Submission that the principle "Delegatus non potest delegare" (a delegate cannot further delegate) does not apply here as the Additional Collector exercises powers as part of a distribution of work, not a sub-delegation.

Respondents' Arguments

  • The Collector, as a delegatee of statutory power, cannot sub-delegate this power to the Additional Collector.
  • The maxim "Delegatus non potest delegare" applies in this context, preventing the Additional Collector from exercising powers delegated to the Collector.
  • Support for this position was drawn from the Supreme Court decision in Barium Chemicals Ltd. and another Vs. Company Law Board and others AIR 1967 SC 295.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Kaushal Prasad Kashyap Vs. State of M.P. and others, 1999 (1) M.P.L.J. 455 Interpretation that the term "Collector" includes the Additional Collector for exercising delegated powers under the Madhya Pradesh Panchayat Raj Adhiniyam. Supported the argument that the Additional Collector could exercise powers delegated to the Collector.
Barium Chemicals Ltd. and another Vs. Company Law Board and others, AIR 1967 SC 295 Principle that a delegatee cannot further delegate powers ("Delegatus non potest delegare"). Respondents relied on this to argue against the Additional Collector's authority.
Marathwada University Vs. Seshrao Balwant Rao Chavan, AIR 1989 SC 1582 A power conferred by statute must be exercised by the designated authority unless the statute expressly or impliedly allows delegation. The Court distinguished that the scheme here was not statutory but governed by a government circular and that the Collector had distributed work to the Additional Collector.

Court's Reasoning and Analysis

The Court analyzed the scope of the Additional Collector’s authority in light of the Madhya Pradesh Land Revenue Code and the applicable delegation principles. It noted that Section 17(2) and (3) of the Code explicitly provide that the Additional Collector may exercise powers and duties conferred on the Collector by the Code or other enactments, effectively including the Additional Collector within the ambit of the Collector’s authority for such purposes.

The Court distinguished the principle "Delegatus non potest delegare" as applicable primarily when a statutory discretion is conferred on a specific authority and not intended to be exercised by others. However, in this case, the appointment scheme for the Anganwadi Karyakarta was governed by a government circular, not a statutory provision, and the Collector had formally distributed work to the Additional Collector.

Thus, the Court concluded that the Additional Collector’s exercise of authority was not a sub-delegation but a lawful distribution of work within the powers granted by the parent statute (Madhya Pradesh Land Revenue Code). Therefore, the Additional Collector was competent to decide the appeal in question.

Accordingly, the Court held that the Single Judge’s finding that the Additional Collector lacked authority was incorrect and set aside the impugned orders.

Holding and Implications

The writ appeal is allowed and disposed of.

The Court reversed the Single Judge’s order and held that the Additional Collector was competent to decide the appeal concerning the appointment of Anganwadi Sahayika, based on the statutory provisions permitting distribution of work and powers under the Madhya Pradesh Land Revenue Code. The direct effect is the validation of the Additional Collector’s order dated 4/11/2022 and the Divisional Commissioner’s order dated 16/05/2023. No broader precedent was set beyond the facts of this case regarding delegation of authority under similar administrative schemes.

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    Anamika v. The State Of Madhya Pradesh

    IN THE HIGH COURT OF MADHYA PRADESH

    AT JABALPUR

    BEFORE

    HON'BLE SHRI JUSTICE VIVEK AGARWAL &

    HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA ON THE 13thOF SEPTEMBER, 2024 WRIT APPEAL No. 234 of 2024

    ANAMIKA

    Versus

    THE STATE OF MADHYA PRADESH AND OTHERS

    Appearance:

    Ms. Warija Ghildiyal - Advocate for the appellant. Shri Amit Seth - Additional Advocate General for respondent nos. 1 to 4/State. Shri D.K. Dixit - Senior Advocate assisted by Shri Anshul Dixit - Advocate for respondent nos. 5 and 6.

    ORDER

    Per: Justice Vivek Agarwal This writ appeal is filed by the respondent no. 6 in W.P. No. 13338/2023 being aggrieved of the order passed by the learned Single Judge on 17th January, 2024 vide which the learned Single Judge has held that the Additional Collector could not have decided the appeal of an Anganwadi Sahayika, in as much as, the officer designated under the scheme is the Collector and not the Additional Collector and, therefore, has set aside the orders of the Additional Collector dated 4/11/2022 and that of the Divisional Commissioner dated 16/05/2023.

    Brief facts of the present case are that the petitioner therein and the appellant herein were both candidates for selection to the post of 'Anganwadi

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    Sahayika' and they had applied for the said post in response to the advertisement issued by Gram Panchayat Khejramaphi, Tehsil Jaisinagar, District Sagar. All the fourteen applications were received. The appointment was issued in favour of the appellant vide order dated 26/07/2022. The appellant had joined the services in pursuance to the said appointment order dated 26/07/2022 on that very date itself. Appellant had assailed the order of appointment of respondent no. 6 Roshni Patel before the Additional Collector, Sagar who had inturn vide order dated 4/11/2022 not only rejected the appeal but accepted the counter claim of respondent no. 6 cancelling the order of appointment made in favour of the appellant on 26/07/2022.

    The Additional Collector held that respondent no. 6 be granted 60 marks in the final merit list dated 21/04/2022 on the basis of grading 'A' already given to her. Resultantly, respondent no. 6 moved to Serial No. 1 in the merit list and became entitled to be appointed on the post of Anganwadi Sahayika at Gram Pancahayat Khejramaphi because she was senior in age. The order of the Additional Collector dated 4/11/2022 was assailed before the Divisional Commissioner, Sagar Division Sagar but that appeal was dismissed vide order dated 16/05/2023.

    It is submitted by Ms. Warija Ghildiyal, learned counsel for the appellant that the Additional Collector could have exercised the authority under the delegated legislation and the work distribution which was carried out by the Collector, District Sagar and the decision of the learned Single Judge on this aspect that the Additional Collector could not have exercised

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    the functions of the Collector is improper. Thus, this writ appeal. In support, the judgment of the High Court of M.P. in Kaushal Prasad Kashyap Vs. State of M.P. and others 1999 (1) M.P.L.J. 455 is pressed into service to support the contention that even in the case of a statutory provision like Madhya Pradesh Panchayat Raj Adhiniyam, it is submitted that when in terms of the power of confirmation under Section 39(2) of the M.P. Panchayat Raj Adhiniyam, the State Government delegated it under Section 93 to the Collector, then contention that power of the State Government delegated to the Collector could not be exercised by the Additional Collector was rejected holding that the Collector would include an Additional Collector.

    It is pointed out that in terms of the provisions contained in the M.P. Land Revenue Code, the Collector is the holder of office and according to Section 16 of the Madhya Pradesh Land Revenue Code, it deals with powers to appoint the Collector. Section 17 of the Code provides appointment of the Additional Collectors and sub-section (2) thereof provides that the Additional Collector shall exercise such power and discharge such duties conferred and imposed on a 'Collector' by or under this Code or under any other enactment for the time being in force.

    Sub-section (3) of Section 17 provides that while so exercising powers under the Code or any other enactment, the Collector would include the Additional Collector as provided under Section 17(2) and 17(3) of the Code. While deciding this issue, the counter argument of the petitioner that the delegatee of a statutory power cannot further delegate the same and it is

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    against the settled principle of administrative law. The Maxim "Delegatus non protest delegare" was pressed into service.

    Reliance is also placed on the decision of the Supreme Court in the case of Barium Chemicals Ltd. and another Vs. Company Law Board and others AIR 1967 SC 295.

    Shri D.K. Dixit, learned Senior counsel for respondent nos. 5 and 6 supports the order of the learned Single Judge and submits that the Collector is himself a delegatee cannot sub-delegate in favour of the Additional Collector.

    The first issue which emerges herein is that the Maxim "Delegatus non protest delegare" is applicable when a discretion is conferred by a statute and the statute prima facie intends it to be exercised by the authority on which a statute has conferred it and by no other authority.

    I n Marathwada University Vs. Seshrao Balwant Rao Chavan AIR 1989 SC 1582, it is held that when the Act prescribes a particular body or officer to exercise a power, it must be exercised by that body or officer and none else unless the Act by express words or necessary implication permits delegation in which event it may also be exercised by the delegatee if delegation is made in accordance with the terms of the Act but not otherwise. However, two facts are important. One scheme of appointment of Anganwadi Karyakarta is not a statutory scheme. It is governed by a Government circular.

    The second aspect is that the Collector had nominated the Additional Collector to perform certain functions of the Collector in respect of certain

    4

    (VIVEK AGARWAL)

    JUDGE

    (DEVNARAYAN MISHRA)

    JUDGE

    departments as is evident from the delegation/distribution of work carried out by the Collector.

    Thus, once there is a distribution of work, then Additional Collector exercising the same authority as that of the Collector in terms of sub-section

    (2) and sub-section (3) of Section 17 of the Madhya Pradesh Land Revenue Code, a mother statute from where the Collector derives his power, it cannot be said that authority was sub-delegated by the Collector in favour of the Additional Collector. It was work distribution between the Collector and the Additional Collector for the smooth functioning of the work and, therefore, when tested, then Maxim "Delegatus non protest delegare" being applicable only in case of a statutory power will not be applicable to the facts and circumstances of the present case.

    Therefore, the order of the learned Single Judge dated 17/01/2024 passed in W.P. No. 13338/2023 cannot be given a seal of approval. It is hereby set aside.

    In above terms, the appeal is allowed and disposed of. vy

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    Anamika v. The State Of Madhya Pradesh
    (Sep 13, 2024)