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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.JOTHIRAMAN
Shanthi Selvi – Appellant
Versus
District Collector, Pudukkottai District – Respondent
ORDER :
M.JOTHIRAMAN, J.
Under assail is an appointment order issued in favour of the 3rd 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 12th 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.
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.
Preference must be given to destitute widows in employment as per government guidelines, overriding other qualifications.
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.
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
Residency at the time of application is the sole criterion for selection as Anganwadi Worker; marital status post-selection does not disqualify a candidate.
Minimum qualification for Anganwadi Helper must be met before considering preference for BPL candidates; engagement lacking this qualification is a nullity.
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
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