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Andhra Pradesh High Court - Amravati

Smt. Gadi Vijayalaxmi vs The District Collector Cum Chairman Of ... on 31 December, 2024

 APHC010232272012
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                           [3457]
                           (Special Original Jurisdiction)

             TUESDAY, THE THIRTY FIRST DAY OF DECEMBER
                 TWO THOUSAND AND TWENTY-FOUR
                                  PRESENT
                THE HONOURABLE SRI JUSTICE HARINATH.N
                       WRIT PETITION NO: 31937/2012
Between:
Smt. Gadi Vijayalaxmi                                            ...PETITIONER
                                     AND
The District Collector Cum Chairman of The Selection       ...RESPONDENT(S)
and Others
Counsel for the Petitioner:
     1. Dr. Mojjada Ramakrishna
Counsel for the Respondent(S):
     1. GP for Women Dev, Child Welfare
The Court made the following:
ORDER:

Heard the learned counsel appearing for the petitioner.

2. The petitioner is challenging the selection of the 5th respondent as Mini Anganwadi Helper.

3. It is submitted by the learned counsel for the petitioner that as per the notification, the qualifications for selection of Anganwadi Worker/ Mini Anganwadi Helper are as follows: -

1. The applicants should be aged between 21 to 35 years.
2. The applicants should be passed 7th.
2
3. Locals are only eligible for applying for these posts.
4. Priority should be given to the category, in which the Area center is established.
5. As per the system of roaster, the posts of Anganwadi Workers/Assistant (Aaya)/Mini Anganwadi Workers are eligible to which the relevant category, which is suitable to them. In filling process, preference is given to categorically.
6. Interview is conducted basing on the general knowledge.
7. The committee reserves the right of final decision in selection of the applicant.
8. Married local women are only eligible for these posts.

4. It is submitted that the 5th respondent was not local candidate and that she submitted a false local certificate and applied for the post of Mini Anganwadi Worker. It is also submitted by the learned counsel for the petitioner that after filing of the writ petition, the services of the 5th respondent were also terminated and that the petitioner would be entitled for the said appointment.

5. The learned counsel appearing for the learned Government Pleader submits that the respondents have taken appropriate action after having realized the false nativity certificate produced by the 5th respondent. As can seen from the counter, it is evident that the selection of the 5th respondent was not in accordance with the recruitments as mentioned in the notification dated 20.06.2012. When the services of the 5th respondent were terminated, the respondents No.1 to 4 ought to have issued the relevant proceedings appointing the petitioner as Mini Anganwadi Helper. As the respondents failed to issue such proceedings, the writ petition deserves the consideration 3 of this Court and the respondents No.1 to 4 are hereby directed to issue necessary proceedings to appoint the petitioner as Mini Anganwadi Helper. The qualifications in so far as age is concerned, the same shall not be applicable to the case of the petitioner, as the petitioner was well within the age of qualification at the time of selections.

6. With these observations, this writ petition is allowed. There shall be no order as to costs.

Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

___________________ JUSTICE HARINATH.N 31.12.2024 KMS 4 121 THE HONOURABLE SRI JUSTICE HARINATH.N W.P.No.31937 of 2012 Date: 31.12.2024 KMS