Selection processes for public appointments must comply with eligibility criteria established by law, and candidates cannot claim preference unless explicitly provided for by applicable rules.

ORDER :

M.JOTHIRAMAN, J.

Under assail is an appointment order issued in favour of the 3^rd respondent dated 08/02/2019.

2. It is the case of the petitioner that the petitioner belongs to Christian Pallar Community, which comes under the backward class. The petitioner studied upto 12^th Standard and having Certficate Course in Computer Application. The petitioner's husband died on 02.07.2012. She is a destitute widow. There is a vacancy for the post of Principal Anganwadi Worker at Anganwadi Centre, Vilanur. The respondents No.1 & 2 invited application, she has applied for the said post enclosing the educational qualification certificates and destitute widow certificate.

3. The petitioner attended the interview along with original certificates, the petitioner is the most eligible candidates among others. The third respondent is a B.Ed graduate and her husband he is practicing as Psychotherapist and earning income. The third respondent's father-in- law is a landlord. The petitioner is the duly eligible candidate to this post and she is waiting for the appointment but the third respondent was appointed as Principal Anganwadi Worker, Vilanur by the first respondent, hence this Writ Petition.

4. The learned counsel appearing for the petitioner would submit that the petitioner is the most eligible candidate among all of them and she is a destitute widow and the respondent failed to consider the background of the petitioner and her educational qualifications and the petitioner is also residing within two (2) Kilometers radius and prayed to allow the petition.

5. Per-contra, the learned Additional Government Pleader appearing for the first and second respondents would submit that the post for Anganwadi Worker at Vilanur, Avudaiyarkovil Taluk, Pudukkottai District has been reserved for GT (Non priority) category. The petitioner is aged about 39 years, studied upto 12^th standard and residing within one (1) Kilometer centre but different panchayats. He would submit that the thrid respondent is aged about 32 years studied upto B.A. and residing at same village within ½ Kilometer from the centre. The Selection Committee has scrupuosly followed the Government Orders and found that the 3^rd respondent is more suitable for the said post. There is no procedural vioaltion conducted in the selection process.

6. It is seen from the records that the post of Anganwadi Worker at Vilanur has been reserved for General Non priority category and totally nine (9) persons including the petitioner had applied for the post of Anganwadi Worker at Vilanur. The interview was conducted on 30.08.2017. The petitioner and seven (7) other candidates were attended the interview.

7. It is seen from the G.O(Ms).No.110 dated 14.05.2022 of Social Welfare and Nutrious Meal Programme (SW7) Department, the Government had issued various orders prescribing the eligibility criteria for the post of Anganwadi Workder, Mini Worker etc. In the said G.O, in point No.2.8 reads about the Residency, wherein it is stated hereunder:-

“ The Government direct that the applicant should be resident of the same hamlet. If no eligible/suitable candidate from the same hamlet is available, the candidtes from the neighbouring hamlets of the same panchayat of the particular centre shall be considered. Even then, eligible/suitale candidates are not available the candidates from the neighbouring panchayats located within 10 kms shall be considered for the appointment of Anganwadi worker.”

8. The issue regarding preference based on the village was considered by this Court in the decision reported in P.Vasantha & Ors Vs. District Collector, Dindigul Ors, 2007 (6) MLJ 402 , wherein it is held