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2024 Supreme(AP) 1486

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. K. MANMADHA RAO, J.
Paidi Sandhya – Appellant
Versus
State of Andhra Pradesh and others – Respondent
WP No.5040 of 2022
Decided on : 31-12-2024

Advocates:
Advocate Appeared:
For the Appellant : P. Visweswara Rao
For the Respondent: Umasankar Lokanadham, Government Pleader for Women Dev. Child Welfare and Government Pleader for Services-II

The selection of candidates for public service positions must adhere strictly to established criteria, including educational qualifications and performance in interviews; courts may not interfere unless actions are shown to be arbitrary or illegal.

Headnote:(A) Constitution of India - Article 226 - Writ petition for mandamus challenging the appointment of an Anganwadi Worker - Allegations of illegality in the selection process based on interview performance and qualifications of candidates - The selection process considered both educational qualifications and interview marks per G.O. Ms. No.18 WDCW & DW, ICDS dated 15.05.2015. (Paras 1, 2, 7, 10)

(B) Writ Jurisdiction - Scope - The Court's role is limited to examining the legality of the action taken by authorities rather than substituting its own decision in matters of selection. (Paras 11)

Facts of the case:
The petitioner was not included in the final merit list despite having the highest marks in eligibility criteria, alleging that politically motivated decisions led to the appointment of a candidate who scored lower marks.

Findings of Court:
The selection process and criteria were followed as per government orders, and the appointed candidate had higher marks after considering all criteria.

Issues: Whether the selection process was lawful and whether the petitioner was wrongfully excluded.

Ratio Decidendi: The court found no merit in the claim as the selection process was in compliance with the established criteria and the appointed candidate had higher total marks.

Result: Writ petition dismissed.

Table of Content
1. factual basis for writ petition (Para 1 , 2)
2. arguments regarding selection criteria (Para 3 , 9)
3. court's observations on eligibility criteria (Para 4 , 5 , 6 , 7 , 8 , 10)
4. dismissal based on lack of merit (Para 11)
5. final order on writ petition (Para 12)

JUDGMENT :

1. This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief :

    ".....to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings in 15/2021 dated 04.11.2021 issued by the 5th respondent is wholly illegal, arbitrary, without application of mind, violative of Articles 14, 16 and 21 of the Constitution of India besides being violative of principles of natural justice and consequently declare that the petitioner is entitles to be appointed in service as Anganwadi Worker at Satravupeta, ICDS Project, Narasannapeta, Srikakulam District and pass...."

2. The facts of the case are that a Notification was issued by 5th respondent authorities in the month of September, 2021 for appointment to the post of Anganwadi worker across the Anganwadi Kendras in Narasannapeta, Srikakulam District. In pursuance of the same, the petitioner applied for the said post among a large number of candidates and later the respondent issued call letter for interview/selection to attend on 28th September, 2021 at the office of Project Director, DW & CDA, Srikakulam but it was cancelled and another call letter for interview/ selection to attend on 8th October, 2021 at 10.00 hrs., at Office of Project Director, DW & CDA, Srikakulam. In that, the petitioner had performed to the best satisfaction of the Interview Board. Through RTI application, information was secured and based upon that information, the petitioner is having highest marks among all the candidates who have applied for Anganwadi Worker at Satravupeta Village of ICDS project, Narasannapeta. However, the petitioner is not figured in final merit list despite she is having highest marks in eligibility list. It is further stated that the 5th respondent appointed the 6th respondent vide 15/2021 dated 04.11.2021 who is having only SSC qualification and less marks than the petitioner in eligibility list and it was done only under political pressure. The main grievance of the petitioner is that without taking into consideration the certificate possessed by the petitioner and marks, appointment of 6th respondent as Anganwadi worker at Satravupeta of ICDS Project, Narasannapet, Srikakulam, is wholly illegal and arbitrary.

3. The counter-affidavit has been filed by the respondents. While denying all the allegations made in the petition, stated that, the call letters also sent to the eligible candidates who have applied for the posts of AWW/AWH/MINI AWW for appearing to the interview. Out of 16 eligible candidates, 3 candidates absent, and remaining 13 eligible candidates have been attended for interview on 08.10.2021. The District Selection Committee conducted interview and selected Smt. Annepu Soundarya by the Committee as she got highest marks (66) in interview and issued appointment order to Smt. Annepu. Soundarya vide Proceedings Rc.No.15/2021, dated 14.11.2021 after the approval of the Selection Committee Chairman i.e., District Collector, Srikakulam. For the eligible post 10th class pass only educational qualification coupled with interview marks are criteria. The selection of any Anganwadi Worker or Mini Anganwadi Worker or Anganwadi Helper the Selection Committee decision is the final. It is further stated that the petitioner's request to select her as she got highest marks in 10th class which is not at all only criteria for the selection of AWW post. Interview marks and education 10th class are the criteria for the AWW post's selection awarded at the time of interview by the Members of Selection Committee, according to G.O. Ms. No.18 WDCW & DW, ICDS dated 15.05.2015. It is further stated that the writ petitioner did

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