The eligibility of candidates for appointment as Anganwadi Karyakarti (Sevika) is determined by the relevant Government Resolutions and the date of acquiring necessary qualifications.

S.S. Shinde, J.

1. This Writ Petition is filed seeking directions to the Respondents to appoint the petitioner as Anganwadi Karyakarti (Sevika), as she is already working as Anganwadi Madatnis in the light of the Government Resolution dated 5th August, 2015. There is a further prayer seeking direction to Respondent Nos. 2 and 3 to decide the representations dated 13th March, 2013 and 7th March, 2013. It is further prayed that, the respondents be restrained from filling in the post of Anganwadi Karyakarti (Sevika) in Anganwadi No.79 at Pethsangvi, Tq. Omerga, Dist. Osmanabad. By way of amendment on 10th April, 2013, further petitioner has prayed for quashing the selection process initiated by Respondent No.3 for appointment of Anganwadi Sevika (Karyakarti) in Anganwadi No. 79 at Pethsangvi, Tq. Omerga, Dist. Osmanabad, and by way of further amendment on 17th March, 2015, further relief is claimed to quash and set aside the selection process/recruitment process initiated by Respondent No.3 in terms of Government Resolution dated 16th November, 2013.

2. It is the case of the petitioner that, she was appointed as Anganwadi Madatnis in the year 2011 in Anganwadi No. 79. She passed preliminary exam of Yeshwantrao Chavan Open University. Accordingly she was allowed to appear for B.A. Ist year examination. She successfully passed the said examination by securing 73% marks. Since the post of Anganwadi Karyakarti (Sevika) is vacant at Petsangavi, the petitioner was given additional charge of the said post. According to the petitioner, passing of 1st year examination of B.A. from Open University is equivalent to passing of 10th and 12th standard and same entitles the candidate for the purposes of direct appointment as Anganwadi Karyakarti (Sevika). The Government Resolution dated 5th August, 2010 enables the appointment of the Anganwadi Madatnis as Anganwadi Karyakarti. Anganwadi Madatnis working in the same center (Anganwadi), who fulfilling the criteria is eligible for direct appointment as Anganwadi Karyakarti (Sevika) by virtue of Government Resolution dated 5th August, 2010. According to the petitioner, the authorities are trying to fill up the post of Anganwadi Karyakarti (Sevika), where the petitioner is working, by their own choice and without following due procedure. Respondent No.3 is not processing the proposal of the petitioner for direct appointment as Anganwadi Karyakarti (Sevika) in view of the Government Resolution dated 5th August, 2010.

3. It appears that, this Court granted leave to the petitioner to amend the Petition and by way of amendment, the petitioner has inserted para 9-A and prayers in the Petition seeking quashment of selection process initiated by Respondent No.3.

4. The learned counsel appearing for the petitioner invited our attention to the pleadings in the Petition, grounds taken in the Petition, amended portion of the Petition and also rejoinder affidavit and submits that, the petitioner, who is fully qualified and working at Anganwadi No.79 as Madatnis and by way of additional charge on the post of Anganwadi Sevika, is entitled for direct appointment on the post of Anganwadi Sevika. However, her rightful claim has been denied by the Respondents. The learned counsel also invited our attention to the relevant Government Resolutions and submits that, the Petition deserves to be allowed.

5. On the other hand, the learned counsel appearing for Respondent Nos. 2 and 3 invited our attention to the affidavit in reply filed on behalf of Respondent Nos. 2 and 3 and submits that, he has preliminary objection regarding maintainability of present Writ Petition, since it raises several disputed questions of facts. The petitioner is trying to get the benefit by enlarging the scope of Government Resolutions dated 05.08.2010 and 20.05.2011, though the petitioner is not eligible and entitled. The petitioner has alternate, efficacious remedy for redressal of her grievance and the Writ Petition in the present form