THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.1685 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue Writ of Mandamus declaring the action of the respondents in not conducting the interview which was scheduled to be held on 03.12.2020 for selection of Anganwadi Worker to Anganwadi Centre B.A.Nagaireddypalli in pursuance of Notification No.WDCW-ADMOAPT/22/2020SA-ICDS-RJP dated 26.10.2020 as illegal, arbitrary, capricious and violative of principles of natural justice and consequently direct the Respondents to conduct the interview for the post of Anganwadi Worker to Anganwadi Centre B.A.Nagaireddypallit.”
The third respondent issued Notification No.WDCW-
ADMOAPT/22/2020SA-ICDS-RJP dated 26.10.2020 calling for applications from the eligible candidates to fill up the vacancies of Anganwadi Workers in various ICDS Projects in YSR Kadapa Distric. The petitioner made an application to the post of Anganwadi Worker for B.A.Nagireddipalle Anganwadi Centre and the petitioner being fully qualified and eligible to be appointed as Anganwadi Worker, the petitioner was declared as eligible for Anganwadi Worker.
The petitioner received a letter vide R.O.C.No.462/A/2020 dated 01.11.2020 calling for interview, schedule to be held on 03.11.2020 in the office of the fifth respondent situated in the premises of the third respondent. The fifth and sixth respondents have not conducted the interview dated 03.12.2020 with a malafide intention only to avoid the petitioner from being appointed as Anganwadi Worker and to appoint another person of their choice. Therefore, the present writ petition is filed questioning the action of the sixth respondent in not considering the interview scheduled on 03.11.2020 for selection of Anganwadi Worker for B.A.Nagireddypalle Anganwadi Centre, ICDS Project Lakkireddipalli, YSR Kadapa District.
The respondents did not file any counter, but placed on record the written instructions received by the learned Government Pleader for Women and Child Welfare, specifically contending that the interviews scheduled to be held on 02.12.2020 were stopped in respect of Ramapuram, Lakkireddypalli and Galivedu Mandals of I.C.D.S. Project, Lakkireddypalli due to complaint on allotment of roster points for the posts of Anganwadi Workers (AWW) and Anganwadi Helpers (AWHs). It is submitted in the written instructions that, in the above mentioned three mandals, 09 Anganwadi Worker posts and 17 Anganwadi Helper posts are notified, out of which, applications were received for 5 AWW posts and 10 AWH posts. Interviews were not conducted for 9 AWW posts and 17 AWH posts for Ramapuram, Lakkireddipalli and Galivedu Mandals of I.C.D.S Project, Lakkireddipalli on 03.12.2020. It is also submitted in the written instructions that, at present, panchayat election code is in force and necessary action will be taken after expiry of election code. On this ground alone, the respondents seeks to dismiss the writ petition.
During hearing, Smt. B.V. Aparna Lakshmi, learned counsel for the petitioner would submit that this petitioner belongs to BC-A category and she is eligible for being appointed as Anganwadi Worker. But, on account of failure to conduct interviews, the petitioner is deprived of her right to get her appointment and requested to issue suitable directions to the respondents to conduct interviews while declaring action of the respondents as illegal and arbitrary.
Whereas, learned Government Pleader for Women and Child Welfare fairly conceded that, roster points have to be set right by following necessary procedure, as rule of reservation has to be followed in appointment of Anganwadi Workers and Anganwadi Helpers, but, there are complaints regarding application of roster points. Therefore, unless the same is verified and set right, interviews cannot be conducted and requested to dismiss the writ petition.
Undisputedly, the respondents notified the vacancies and interviews were proposed to be held on 02.12.2020 onwards for selection