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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J.
Bhaliya Ramilaben Rameshbhai – Petitioner
Versus
The Collector, Gir Somnath & Ors. – Respondents
R/Special Civil Application No. 337 of 2020
Decided On : 12-06-2024
Mandamus - Appointment - Article 226 - The court interpreted the qualifications and local residency requirements for Anganwadi Worker positions, emphasizing that both candidates met the minimum criteria, and the selection was based on interview performance, leading to the dismissal of the petition.
Fact of the Case:
The petitioner sought appointment as Anganwadi Worker, claiming superior qualifications and local residency compared to the selected candidate, respondent No.4, who was appointed based on higher interview scores.
Finding of the Court:
The court found no error in the appointment process, as both candidates held the same educational qualifications, and the selection was made based on interview performance, which favored respondent No.4.
Issues: Whether the petitioner was entitled to be appointed as Anganwadi Worker over the selected candidate based on qualifications and local residency.
Ratio Decidendi: The court held that the selection committee's decision was valid as it adhered to the criteria set forth in the advertisement and the relevant government resolution, prioritizing interview performance.
Result: The petition was dismissed.
ORDER :
Vaibhavi D. Nanavati, J.
1. By way of present petition filed under Article 226 of the Constitution of India the petitioner herein has prayed for the following reliefs :-
(b) Pending hearing and final disposal of the present Special Civil Application, the Respondent authorities may kindly be directed to vacant post of Anganwadi Worker for the Petitioner at Mota Desar, Anganwadi-1 in the interest of justice.
(c) Any other arid/or further orders that may be deemed necessary in the interest of justice may kindly be passed.”
2. Heard Mr. Chintan S. Popat, the learned advocate appearing for the petitioner, Ms. Pooja Ashar, the learned AGP for the respondent No.1 – State, Ms. Khyati Hathi, the learned advocate appearing for the respondents No.2 and 3 and Ms. Dharti P. Ratani, the learned advocate appearing for the respondent No.4.
3. By way of present petition the petitioner herein is aggrieved by the unreasonable action on the part of the respondent No.3 in appointing the respondent No.4 for the post of Anganwadi Worker in Village : Mota Desar Anganwadi- 1 for the proposed vacancy of one post in the advertisement.
4. It is the case of the petitioner that the petitioner is holding degree in the Masters of Arts and additional degree of Bachelor of Education, P. T. C., etc. and having experience as a Teacher for five years from June, 2008 to June, 2013 pursuant to the advertisement published on 31.7.2018 in the newspaper by the respondent No. 3 for recruitment for the post of Anganwadi Worker in Una Taluka.
5. The respondent No.4 herein is holding a degree of M.A. The petitioner being more qualified and residing in the same ward of Mota Desar Anganwadi-1 i.e. Ward No.6 the petitioner was required to be considered for the post of Anganwadi Worker. Being aggrieved by the aforesaid action the petitioner herein has approached this Court under Article 226 of the Constitution of India.
6. Mr. Chintan S. Popat, the learned advocate appearing for the petitioner submitted that the petitioner holds the decree in Masters of Arts and additional degree of Bachelor of Education, P. T. C., etc. and is having experience as a Teacher for five years from June, 2008 to June, 2013. The petitioner herein is also resident of Ward No.6 of Mota Desar Anganwadi-1. It is submitted that in light of the aforesaid, the petitioner being more qualified and residing in the local area falls within the purview of the advertisement issued by the respondent No.3 duly produced at Annexure-A dated 31.7.2018.
6.1 Reliance is placed on the application-sheet duly produced at Annexure-B (pages 14-15) and submitted that the name of the petitioner was at Serial No.9 in the said list and the respondent No.4 at Serial No.17 which demonstrate that the petitioner is more qualified than the respondent No.4.
6.2 It is also submitted that the petitioner resides in Ward No.6 of Mota Desar Anganwadi whereas the respondent No.4 resides in the Ward No.1 which is not included in the Anganwadi work.
6.3 Placing reliance on the advertisement duly produced at Annexure-A and Government Resolution dated 13.11.2009 it was submitted that the petitioner herein is residing in the Ward No.6 wherein the Anganwadi is situated, the petitioner ought to have been considered for the said post advertised. Placing reliance on the aforesaid, it was submitted that in light of the aforesaid, the present petition be allowed.
7. Ms. Khyati Hathi, the learned advocate appearing for the respondents No.2 and 3 placed reliance on the affidavit-in- reply duly produced at page-48. Placing reliance on the same Ms. Hathi, the learned advocate submitted that the Condition No.2 of the advertisement at Annexure-A to the petition states that the candidates holding higher educat
The court affirmed that selection for Anganwadi Worker positions must follow established criteria, including local residency and performance in interviews, without bias towards higher qualifications.
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 unl....
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
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