The main legal point established in the judgment is that Anganwadi Workers are honorary workers and not regular government servants, and their appointment is voluntary in nature.

RAJIV SHARMA, J. -

1. THE process for filling up 19 posts of Primary Assistant Teachers in Sarahan Block was initiated on the basis of letter, dated 18.08.2007. The last date for receipt of applications was 25.08.2007, which was later on extended to 10th September, 2007. Petitioner submitted an application for considering his candidature for the post of Primary Assistant Teacher in Government Primary School, Khareti, Gram Panchayat Diger-Kinnar. The interviews were held on 05.10.2007. Respondent No. 7 has also participated in the selection process. The result was declared on 09.10.2007. The respondent No. 7 was selected and appointed as Primary Assistant Teacher in Govt. Primary School, Khareti, Gram Panchayat Diger-Kinnar. Petitioner has secured 57.5 marks and respondent No. 7 has secured 59 marks.

2. MR. Karan Singh Kanwar, learned counsel for the petitioner has vehemently argued that the respondent No. 7 could not be granted 10 marks under the category of unemployed family since the sister of respondent No. 7 was working as Anganwari Worker.

Mr. Pramod Thakur, learned Additional Advocate General and Mr. G.S. Rathore, learned counsel for respondent No. 7, have supported the selection of respondent No. 7 as Primary Assistant Teacher. According to them, brother of the petitioner was also working as JBT teacher and the father of the petitioner owns more than 150 bighas of land. They also contended that the Anganwadi workers are not Government Servants.

3. I have heard the learned counsel for the parties and gone through the pleadings carefully.

4. THE respondent-State has framed a scheme called "The Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme, 2003". The minimum essential qualification for filling up the post of Primary Assistant Teacher has been provided under Clause-6. According to Clause-8, the Primary Assistant Teacher are entitled to be paid an honorarium for ten months in an academic year, by the respective employer, i.e., Gram Panchayat of the area out of the Grant-in-Aid allocations made available by the State Government, in accordance with the norms prescribed. As per Clause-9, the appointing and punishing authority of the Primary Assistant Teacher is Gram Panchayat. The selection process for filling up the post of Primary Assistant Teacher is prescribed under Clause-10. The selection criteria and procedure has been prescribed under Annexure-1 framed under Clause-10 of the Scheme. 10 marks have been allocated to the members of unemployed family. Petitioner and respondent No. 7 have been granted 10 marks under this category. The candidates are required to submit non-employment certificate that nobody from the family is in Government or Semi Government Service, to be issued by the Tehsildar.

It is not in dispute that the sister of respondent No. 5 is working as Anganwadi Worker. The Department of Women & Child Development, Ministry of Human Resource Development, Government of India has issued instructions regarding Integrated Child Development Service Programme on 31.12.1988. The Scheme envisages an integrated delivery of certain services (supplementary nutrition, immunization, health check-up, referral services, non-formal education and health and nutrition education) to pre-school children and pregnant and nursing women. According to paragraph No. 2.1, as far as possible, the Anganwadis should be run by voluntary organizations, local bodies, panchayats, Indian Council for Child Welfare etc. which can be given grant-in-aid according to the approved pattern given in the Scheme. The Central Social Welfare Board and the State Social Welfare Advisory Boards are required to be involved in the organization of new voluntary organization, wherever necessary. According to paragraph No. 2.2, if no organization is available, the State Governments, or the State Social Welfare Advisory Boards may run the Anganwadis directly and hand over the running of these Anganwadis to voluntary agencies