1. Respondent no.4 -District Programme Officer(ICDS), Pulwama, vide advertisement notice, has invited applications from eligible female candidates for engagement as Anganwadi Workers on honorarium basis for Anganwadi Centers in various Mohallas of Punch Constituencies/wards of ICDS Project Pulwama/ Pampore/Keller/Shopian/Kakapora/Tral in District Pulwama and Shopian. Last date for receipt of the applications was 27.04.2008.

2. Amongst others, petitioner being a handicapped person, had also applied for being considered for engagement as Anganwadi Worker in Anganwadi Center, Buchoo Bala of Panchayat/ward Buchoo.

3. Selection Committee comprising of District Social Welfare Officer (Convener), Child Development Project Officer(Member Secretary), Block Medical Officer(Member) and Block Development Officer(Member), on proper assessment of all candidates, who had applied for being engaged as Anganwadi Worker in Anganwadi Center Buchoo Punch/Ward No. 262-A, have prepared the merit list. Petitioner, noticing her position to be inferior in merit has laid claim for being engaged as being physically handicapped. Sensing that she may not get favourable consideration on such count has filed the instant writ petition projecting that being 40% handicapped person, in terms of Reservation Rules, she may be directed to be engaged until then restraint order may be issued as against selection of any other person.

4. Vide detailed order dated 15.03.2011, it has been observed by this Court that Anganwadi Worker is not a civil post under the Government. Reservation Act and Rules made thereunder, may not be attracted. In case same are required to be applied then Government has to take a policy decision. In order to ensure that uniform treatment is meted to all the eligible candidates, Government needs to take a policy decision as to whether Reservation Act and Rules are to be made applicable to the Anganwadi Workers as well. Respondent no.1 was directed to file affidavit in the light of the observations made.

5. In the reply affidavit filed on 31.05.2011, it has been specifically pleaded that Reservation Act and Rules are not applicable to the Anganwadi Workers because Anganwadi Worker is not a civil post and the Government has not framed any policy for engagement of Anganwadi Worker. The Government order no. 07 SW of 2010 dated 18.01.2010 lays down criteria for selection of Anganwadi Workers, same does not provide any reservation vis-a-vis Anganwadi Workers/Helpers.

6. Learned counsel for the petitioner would contend that as per the Government order no. 128 SW of 2008 dated 24.03.2008, it has been ordered that for reserved category candidates there is no educational qualification bar for their selection, however, while making selection weightage shall be given regarding aptitude, personality and performance in viva-voce.

7. The Government order no. 07 SW of 2010 dated 18.01.2010 has been issued in supersession to all previous orders issued from time to time where-under criteria has been prescribed for making selection for Anganwadi Worker/Helper, which does not provide for any reservation, but same may not apply to the selection process of the year 2008 when the Government order no. 128 SW of 2008 dated 24.03.2008 was in vogue, but again same order does not specifically provide how the reserved category candidates are to be given preference.

8. It is rightly pointed out by learned counsel for respondent no.6 that for Buchoo, only one post of Anganwadi Worker is to be filled, even if Reservation Act and Rules would be applicable, still petitioner has no claim because reservation for handicapped persons has to be 3% on horizontal basis, out of which 1% would go to the physically disabled person, therefore, post being only one, there is no scope for filling it from the reserved category. In support of this contention learned counsel has relied on the judgment reported in AIR 1988 SC 959, Para 16 is relevant to be quoted:-

"16. It is quite clear after the decisi

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