Himachal Pradesh High Court
Kumari Sharmila Sharma vs State Of Himachal Pradesh And Others on 6 December, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWPOA No. 282 of 2019
Decided on: December 6, 2022
_______________________________________________________________
.
Kumari Sharmila Sharma ...........Petitioner
Versus
State of Himachal Pradesh and others ....Respondents
_______________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1Yes.
For the Petitioner :
Mr. Sunil Chauhan and Mr. B.S.
Ranjan, Advocates.
For the Respondents : Mr. Sudhir Bhatnagar, Additional
Advocate General with Ms.
Svaneel Jaswal, Deputy Advocate
General.
None for respondent No. 3.
r Mr. Sunil Mohan Goel, Advocate,
for respondent No. 4
_______________________________________________________________
Sandeep Sharma, Judge (oral):
Being aggrieved and dissatisfied with the appointment of respondent No.4 Smt. Anita Devi as Anganwari Worker at Anganwari Centre, Village Bhog Bhatewri, Sub Tehsil Nohradhar, District Sirmaur, Himachal Pradesh, petitioner approached Himachal Pradesh Administrative Tribunal by way of OA No. 3284 of 2001, which on account on abolition of the Himachal Pradesh Administrative Tribunal, stands transferred to this court and re-registered as CWPOA No. 282 of 2019 praying therein for following reliefs:
"(a) That the respondents be directed to quash the appointment of respondent No.4.
(b) That the respondent. be directed to issue appointment to the applicant from retrospective effect with all consequential benefits."1
Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 13/12/2022 20:30:50 :::CIS 22. Precisely, the facts of the case, as emerge from the record, are that Gram Panchayat Nohradhar, Division Bench Sangrah, Sub Tehsil .
Nohradhar, invited applications for the post of Anganwari Worker at Anganwari Centre, Bhog Bhatewri, Annexure A-2. As per said notice, inviting applications, candidates between the age of 21 to 35 years, having qualification of matriculation and middle standard could participate. Petitioner alongwith other eligible candidates especially respondent No.4 Smt. Anita Devi participated in the interview but she despite being more meritorious was not offered appointment against the post of Anganwari Worker in the centre, rather, respondent No.4 Anita Devi, who was less educated, came to be appointed against the post in question. Being aggrieved on account of selection of respondent No.4, petitioner approached Himachal Pradesh Administrative Tribunal by way of Original Application praying for reliefs, as reproduced above.
3. Pursuant to notices issued in the proceedings, respondents nos.
1 and 2 have filed reply, wherein, though facts as noted above, have not been disputed but it has been claimed that appointment given by Gram Panchayat Kullu was required to be laid challenge before Sub Divisional Officer (Civil), Kullu in whose jurisdiction, Gram Panchayat falls. Respondent No. 4 Anita Devi has also filed reply, wherein she has claimed that she has been rightly appointed to post in question being fully eligible in terms of advertisement Annexure A-2.
4. Mr. B.S. Ranjan and Mr. Sunil Chauhan, Advocates representing the petitioner, while inviting attention of this court to the ::: Downloaded on - 13/12/2022 20:30:50 :::CIS 3 policy formulated by Government of Himachal Pradesh, for appointment of Anganwari Worker/Helpers by Gram Panchayats under .
ICDS programme (annexure R-1) of reply filed by respondents Nos. 1 and 2, contended that person having passed matric, is required to be given preference, while making appointment to the post of Anganwari Worker. He submitted that though as per aforesaid guidelines, persons having passed middle standard is also eligible for the post in question but such person shall be only considered, if a person having passed tenth class is not available. He further submitted that as per policy, 10 marks in total are required to be assigned qua qualification but in the case at hand, both petitioner and respondent No.4 despite there being difference in educational qualification have been awarded 6 marks each. He submitted that the petitioner was tenth pass as such, ought to have been awarded higher marks than respondent No.4, who was just middle pass.
5. Mr. Sunil Mohan Goel, learned counsel for the respondent No.4, while inviting attention of this court to notice inviting applications, annexure A-2 contended that person having passed middle standard is also eligible to be appointed to the post in question as such, it cannot be said that respondent No.4 has been wrongly appointed. He stated that since preference was to be given to married woman, respondent No.4 being married woman, rightly came to be appointed against the post in question. He further submitted that otherwise also, as per instructions imparted to him, petitioner now stands married and settled ::: Downloaded on - 13/12/2022 20:30:50 :::CIS 4 in some other village as such not eligible to be appointed to the post in question.
.
6. Having heard learned counsel for the parties and perused material available on record, this court finds that advertisement annexure A-2 issued by concerned Gram Panchayat for appointment of Anganwari Worker was not in consonance with the guidelines framed by Government of Himachal Pradesh for appointment of Anganwari Worker/helpers under ICDS programme by Government of Himachal Pradesh. As per policy Annexure R-1, formulated by Government of Himachal Pradesh, person having passed tenth class is required to be given preference over candidate, who has passed eighth class, if person having passed tenth class is not available, candidate having passed eighth shall be considered but definitely, a person having passed tenth is to be given preference. At this stage, it would be apt to take note following para of policy "4) Post of Anganwadi Worker falling vacant due to marriage of AW. Should be filled up within a month from the date of vacancy. In the appointment letter it may be made clear that if an Anganwadi Worker shifts permanently out of the village of Anganwadi area, for any reason she will have to resign from the post within a month. In case she does not resign her service will be terminated after a month without any notice.
5) The Anganwadi Worker/helpers is to be selected from within the feeding villages of Anganwadi Centre. In case no eligible candidate is available from feeding villages, the same should be selected from nearly village from within the same Panchayat. The Panchayat while appointing the candidate as Anganwadi Worker/helper from the nearby village will record ::: Downloaded on - 13/12/2022 20:30:50 :::CIS 5 certify in the selection list that suitable candidate within the feeding villages of the Anganwadi Centre was not available. In that case wide publicity of vacancy may also be made in that .
particular village well before the date of interview.
6) Anganwadi Worker/Helper should be a person who is also acceptable to the local community.
7) The Anganwadi Workers/Helpers should preferably be in the age group of 21-45 years. Where suitable candidate in this age group is not available, the minimum age of the candidate can be relaxed upto 18 years by Director of Welfare. The Panchayat while recommending the candidates for appointment as Anganwadi Worker below the age of 21 years but above 18 years should record certify in the selection list that suitable candidate within 21-45 years was not available.
8) The Anganwadi workers should preferably be matriculate, if matriculate candidates are not available, the candidates will be selected in the following order of merit:
i) VIII pass;
ii) Below VIII However, if no candidate in the above category is available, an uneducated person can also be selected but in that case, interview will be held by the committee constituted at (2) above.
The recruitment of Anganari worker/helpers will be done preferably from the families which do not have any serving member in any Government /semi Government sector. IRDP families be given preference in appointment, if all other qualifications and conditions are equal.
9) In the case of Helpers no minimum essential qualification is prescribed. She should be local lady in the age group of 21-45 years and should be occipital to the local community.
10) The selection of Anganwadi workers/Helpers there will be made by concerned Panchayat (consisting of all selected members) by majority decision.
::: Downloaded on - 13/12/2022 20:30:50 :::CIS 611) All the members of the Panchayat present in the interview will append their signatures in the result sheet. It will assign marks for each head. The maximum total marks for interview will .
be 30 which will be divided as under:
i) Essential qualification 10
ii) Experience as anganwadi worker/Bal Sevika/organizer of feeding centre under SNP of Welfare Department.
12) Appointment orders will be issued by the concerned Panchayat Pardhan and copy of the appointment letter be endorsed to the Child Development Project Officer concerned."
7. Clause 8 of aforesaid policy clearly speaks about preference to be given to the candidate having passed tenth class. Similarly, clause 11 reveals that members of Gram Panchayat present in interview shall assign marks for each head. Though in total 30 marks are to be given but against educational qualification head, 10 marks are to be given.
Interestingly in the case at hand, though petitioner was tenth pass candidate but she was given 6 marks as were awarded to respondent No.4, who was merely eighth pass. In the instant case, both petitioner and respondent No.4 have not been given any marks qua experience because they failed to place on record document suggestive of the fact that they have some experience as Anganwadi Worker/Bal Sevika organizer of feeding centre under SNP of Welfare Department.
8. Though, in notice inviting application annexure A-2, it has been mentioned that married woman shall be given preference but there is no such provision in the policy, rather para 4 of policy clearly suggests that post of Anganwadi Worker falling vacant due to marriage of ::: Downloaded on - 13/12/2022 20:30:50 :::CIS 7 Anganwadi Worker should be filled up within one month meaning thereby even unmarried person can be appointed as Anganwadi .
Worker but after her marriage, if she shifts permanently to other place, she is required to resign within one month from her having shifted to other place.
9. Having heard learned counsel for the parties and perused material available on record, especially policy as reproduced herein above, there appears to be merit in the case of petitioner that she being tenth pass ought to have been given preference for the post in question. In the case at hand, though respondent No.4 being middle pass was eligible for the post in question, but since person having passed matriculation was available, there was no occasion for the Gram Panchayat concerned to offer appointment to respondent No.4.
Moreover, while awarding marks, interview committee ought not have awarded equal marks under educational qualification head to petitioner and respondent No.4, because admittedly, petitioner ought to have been given more marks than respondent No.4 being matriculate.
10. Consequently, in view of above, this court finds merit in the petition and the same is allowed. Appointment given to respondent No.4 against the post of Anganwari Worker in Anganwari Centre Bhog Bhatewari, Sub Tehsil Nohradhar, District Sirmaur, Himachal Pradesh is quashed and set aside with further direction to the respondent Department to offer appointment to the petitioner for the post in question. It is clarified that she shall be entitled for financial benefits from the date of appointment, though she shall be entitled for continuity ::: Downloaded on - 13/12/2022 20:30:50 :::CIS 8 in service alongwith seniority from the date, appointment was given to respondent No.4. However, it is made clear that in case before offering .
appointment to the petitioner in terms of instant order, it transpires that petitioner has married and shifted to some other village, then in that eventuality, respondent No.4 shall continue to work against the post in question.
11. Petition stands disposed of in the afore terms, alongwith all pending applications. Record returned back.
December 6, 2022
(vikrant)
r to (Sandeep Sharma)
Judge
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