Judgment :-

Altamas Kabir, J.

1. Leave granted.

2. Respondent Nos. 1,2 and 3 herein claim to have been appointed in the Integrated Child Development Scheme Project (hereinafter referred to as `ICDS). The said Scheme was introduced by the Government of India through the Department of Human Resources Development for integrated delivery of certain services to pre-school children, pregnant and lactating women. The object of the Scheme was to improve the health and nutritional status of children and women and to reduce the incidences of school drop-outs and physical and social welfare and development of the child.

3. According to the writ petitioners, voluntary organizations and local bodies were given priority to act as Implementing Agencies of the Scheme. However, in some States, such as West Bengal, no voluntary organizations or local bodies were recommended and the State Government itself was appointed as the Implementing Agency to run and/or implement the Scheme within the territories of West Bengal.

4. It was also the case of the writ petitioners that the Scheme provided that all actions and decisions had to be taken by the State Government, with the approval of the Central Government, which agreed to fund the entire project. It is the further case of the writ-petitioners that according to the staff pattern for giving effect to the ICDS Project, the petitioners were appointed as Supervisors, which is the feeder post for promotion to the post of Assistant Child Development Officer (hereinafter referred to as `the ACDPO). The said promotional post is also the feeder post for promotion to the post of Child Development Project Officer (hereinafter referred to as `the CDPO). According to the writ petitioners, under the Scheme it was mandatory on the part of the State Government to fill up the post of Supervisors from female candidates only and that the same was also reflected in the Scheme where a specific observation is said to have been made to fill up most of the posts under the ICDS Project from female candidates since the entire object and motto of the said Scheme was to promote the welfare of women and children.

5. It was also the case of the writ petitioners that a specific provision had been made in the Scheme to frame rules and to set out the procedure to fill up the post of CDPO under the ICDS Project whereunder 75% of the CDPO posts were to be filled up from the female Supervisors of the ICDS Project, while the remaining 25% could be filled up by direct recruitment.

The petitioners, therefore, contended that the State of West Bengal was under an obligation to fill up 75% of the posts of CDPO from the female Supervisors of the existing ICDS Project, subject however, to the fulfillment of the essential qualifications prescribed.

6. According to the writ petitioners, in the month of October, 2002, they received two interview letters whereby they were asked to appear before the Public Service Commission for selection to the post of CDPO and ACDPO. According to the writ petitioners, no panel was ever published thereafter by the State Government and its authorities in their capacity as the Implementing Agency. However, all of a sudden a list of candidates appointed on promotion to the post of CDPO was published on 23.2.2004, which did not conform to the procedure as indicated hereinabove, with the result that a large number of under-graduate male employees from different zones of the cadre were promoted to the post of CDPO and ACDPO. Despite several representations made to the State Government and the Director of Women and Child Development and Social Welfare of the State Government, no steps were taken to alleviate the grievances of the writ petitioners and, on the other hand, a second list was published which was prepared on the same basis as the earlier list.

7. Aggrieved by the said action on the part of the State Government and its authorities, the respondent Nos. 1,2 and 3 herein filed a writ petition, inter alia, for th