Through the medium of instant writ petition, following reliefs are sought:

"CERTIORARI

1) Quashing the Sub Clause "F" of clause 3 of Government order No. 07 SW of 2010 dated 18.1.2010 of the respondent-1 whereby provision of the weightage for academic qualification and viva voce for the post of Anganwadi worker has been given as:

i) Matriculation : 85 points

ii) Viva voce :15 points.

The higher qualification has been ignored. The order is ultra vires the constitution, discriminatory and arbitrary.

2) Quashing the selection of respondent-5 made for the post of Anganwadi worker in the newly opened Anganwadi center, Greater Kailash, Jammu who is already appointed on substantive post and whose impugned selection has been made on unjustified and undisclosed criteria.

MANDAMUS :

Commanding upon respondents to :

i) provide to recast the criteria and provide consideration and weightage to higher qualification in selection for the post of Anganwadi workers.

ii) Select and appoint the petitioner as Anganwadi worker in the newly opened Anganwadi center at Greater Kailash Jammu being the only graduate amongst the applicants."

1. Petitioner is a graduate. She claims to be the resident of Lane No. 55, Greater Kailash, Jammu. She applied in response to Advertisement notice issued by respondent-4 for the post of Anganwadi worker in the newly created Anganwadi center for Lanes 55 and 56 of Greater Kailash, Jammu for which the minimum qualification was matriculation passed. It is alleged that CDPO, Gandhinagar transferred private respondent, Sureshta Kumari from Anganwadi center, Thanger ( Channi Himat ) to Greater Kailash on temporary basis. Allegedly same was done at the instance of Director, Social Welfare, Jammu before the completion of selection process for the advertised post. Petitioner filed objections dated 6.2.2012 against filling up of advertised post by transfer of private respondent. CDPO then issued interview schedule. Date of interview was fixed on 17.2.2012. Petitioner appeared in the interview and submitted her testimonials. Provisional select list was published by the CDPO on 19.2.2012. Same was republished on 20-21.2.2012 with modified name of Surishta Kumari. On the basis of information provided to petitioner on her RTI application with regard to candidates shown in select list, petitioner filed an appeal dated 27.2.2012 before the Deputy Commissioner, Jammu against the selection of private respondent, which is still pending consideration.

2. Aggrieved of selection of private respondent, petitioner approached this Court assailing her selection on the ground that the selection criteria providing no weightage to qualification higher than matriculation, was violative of constitutional guarantees, that petitioner was the only graduate amongst the candidates and being highest in qualification was entitled to be selected, that the private respondent was already employed as Anganwadi worker and she was transferred to fill up the only post of Anganwadi worker at Greater Kailash Center with malafide intention of defeating legitimate rights of petitioner. Eligibility of private respondent has also been assailed on the ground that she was not even a matriculate and her qualification as Rattan could not be equated with matriculation, thereby rendering her ineligible.

3. Respondents have contested the petition on the ground that Integrated Child Development Scheme is a Central Government Sponsored Scheme and the State Government prescribed norms for proper implementation of the same. That Anganwadi workers are not governed by any statute and are not employees of the State. Their engagement is regulated by Order No. 07 SW of 2010 dated 18.1.2010. Presently qualification for engagement of Anganwadi workers is prescribed as 10th and additional qualification has no relevance in engagement of Anganwadi workers. That the private respondent had also qualified the English of 10th standard as additional subject from Jammu University and thus she was eligible

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