Rules limiting the age for promotion of Anganwadi Workers to 45 years were upheld, deemed not arbitrary or unconstitutional, while upholding the State's authority under Article 309 to regulate recruitment practices.

JUDGMENT :

Ramesh Sinha, C.J.

1. Since similar facts and issues are involved in these petitions, they are being considered and decided by this common judgment.

2. The petitioners {in WPS No. 803 of 2022}, have prayed for the following reliefs:

“10.1 That, this Hon’ble Court may kindly be pleased to call entire record from the respondents.

10.1-A That, the Hon’ble Court may be pleased to allow the present petition and issue writ declaring the impugned Rule 12(3) of the Chhattisgarh Women and Child Development Department, Executive Class III (Non- Gazetted) Service Recruitment Rules, 2008 ultra vires and unconstitutional

(ii) That, this Hon’ble Court may kindly be pleased to allow this petition and issue a writ quashing impugned amendment dated 28.07.2008 in Chhattisgarh Civil Service (Special Provision for Appointment of Women) Rules 1997 (Annexure P-1) as ultra vires, in the interest of justice.

Alternatively.

That, this Hon’ble Court may kindly be pleased to allow this petition and issue a writ reading down the impugned amendment dated 28.07.2008 in Chhattisgarh Civil Service (Special Provision for Appointment of Women) Rules, 1997 (Annexure P-1) to the effect that this impugned rule will have no application in the recruitment of Aaganbadi Supervisor in respect of direct recruitment amongst the Anganbadi Workers as this recruitment though direct in the nomenclature is actually is on the basis of seniority, in the interest of justice.

(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

3. The petitioners {in WPS No. 5149 of 2023}, have prayed for the following reliefs:

“10.1 That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of quashing the impugned amendment of 2008 and declaring proviso inserted in rule 4 by way of amendment of 2008 Annexure P/5 as ultra vires.

10.1-A That, the Rule 8(1)(j) and 8(2) of the Chhattisgarh Women and Child Development Department, Executive Class III (Non-Gazette) Service Recruitment Rules 2023 Annexure P/7 is ultra vires and unconstitutional.

10.2 That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing respondent authorities to allow petitioners to participate in recruitment process.

10.3 That, this Hon’ble Court may be further pleased to pass any other consequential and other orders/ writs which this Hon’ble Court deems just and proper in the facts and circumstances of the case.

4. The petitioner {in WPS No. 5595 of 2023}, have prayed for the following reliefs:

“10.1 That, the Hon’ble Court may kindly be pleased to issue writ of Certiorari against the respondents and declare the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 (Annexure P/1) as ultra vires.

10.2 That, the Hon’ble Court may kindly pass any order/direction quashing the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 and declare that the Limited Direct Recruitment of Supervisor under rule 6(1)(b) of the Rules of 2023 as illegal and against the law.

10.3 That, the Hon’ble Court may kindly pass order/ direction quashing the employment notice (Annexure P/2) issued by respondent No. 5 with regard to recruitment for the 220 posts of Supervisors from amongst Anganwadi Workers by Limited Direct Recruitment.

10.4 That, the Hon’ble Court may kindly pass order / direction stopping the recruitment process initiated under the employment notice for the post of Supervisors by limited direct recruitment to ill 220 posts of Supervisors from amongst Anganwadi Workers.

10.5 That the Hon’ble Court may kindly issue order / direction in nature of writ of mandamus to the Respondent No. 1 i.e. State of Chhattisgarh to amend the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 in accordance with the guidelines of respondent No. 2 Uni