The main legal point established in the judgment is that the condition made in the advertisement regarding fixing the minimum or maximum age was in consonance with the guideline dated 2.5.2007, and it was incumbent upon the authorities to follow the same to maintain fairness and transparency in the selection process.

JUDGMENT :

S. N. PRASAD, J.

1. This writ petition under Article 226 and 227 of the Constitution of India has been filed wherein the direction has been sought for upon the opposite parties to explain as to why the age of the Anganwadi Worker retrospectively fixed by 01.01.2006 although the advertisement is issued on 21.09.2016 with further prayer to accept the application of the petitioner for the sake of interview.

2. The brief facts of the case are that the petitioner is an aspirant to be considered for engagement as Anganwadi Worker. An advertisement has been issued on 21.9.2016 wherein recruitment of minimum age has been stipulated being 18 years as on 1.1.2016.

3. Petitioner, being aggrieved with the cut-off date of 1.1.2016, is before this Court by way of this instant writ petition on the ground that when the advertisement is dated 21.9.2016, then why the cut-off date of determining the minimum or maximum age would be 1.1.2016. According to the petitioner, that is arbitrary and unreasonable decision and due to that reason the petitioner, who is short of two months age as on 1.1.2016 is being deprived from consideration of her candidature, although she has already attained the age of 18 years on the date of issuance of advertisement i.e. 21.09.2016.

4. Learned counsel appearing for the petitioner has relied upon the judgment rendered in the cases of K. Narayanan and others v. State of Karnataka and others passed in Civil Appeal Nos.630-32 of 1989, State of Andhra Pradesh v. T. Ramakrishna Rao and Ors. Passed in Civil Appeal No.1461 of 1971, Sasidhar Reddy Sura v. The State of Andhra Pradesh and Ors. and Satyabrata Kanungo v. State of Odisha and Ors., reported in 2016 (II) ILR-CUT 69.

He has also relied upon the Notification issued by the General Administration Department dated 27th October, 1989 wherein there is no reference of the cut-off date in the case of determining the minimum or maximum age. As such, he contends that the guideline itself is illegal and hence the candidature of the petitioner is to be considered.

5. Counter affidavit has been filed by the State-opposite parties inter alia therein it has been stated that the Anganwadi Worker in the State is to be engaged in pursuant to the guideline issued by the Women & Child Development Department on 2.5.2007 wherein as per the provision made in Clause-2, the requirement of age for the female candidate is 18 to 42 years. She should have attained the age of 18 years, but not 43 years on the first day of the year in which the application has been invited.

6. According to the learned counsel appearing for the State-opposite parties, the advertisement is on 21.9.2016, but the age minimum or maximum is to be seen on the first day of the year. Since the advertisement is of the year 2016, hence the cut-off date to determine the minimum or maximum age would be 1.1.2016.

It has been fairly submitted that there is no infirmity in the advertisement. The petitioner has not challenged the Condition No.2 of the guideline and as such, she now cannot raise any grievance questioning the condition of the guideline dated 2.5.2007.

7. Heard the learned counsel for the parties and on appreciation of the rival submission, it is evident from the pleading made by the parties that the petitioner has questioned the condition of advertisement dated 21.9.2016 wherein the minimum age of 18 years has been taken to be on 1.1.2016.

Petitioner’s grievance is that when the advertisement is dated 21.9.2016, then why the cut-off date of determining the minimum or maximum age would be 1.1.2016.

8. It is not in dispute that the Anganwadi Worker is not a post under the regular establishment of the State Government. It is only for the purpose of extending the benefit meant to the persons below the poverty line and for that reason, a concept is to create Anganwadi Centres to extend the benefit to the beneficiaries, who are entitled to get it under the Scheme has been evolved. To run the Centres, the requirement of a I