APHC010490822013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6370/2013 Between:

1. K ATTA KALAVATHI,, S/O D. KUMAR, HINDU, 29 YEARS, KONETIVARIPALLI VILLAGE, SOMPALLI POST, MULAKALACHERUVU MANDAL, CHITTOOR DISTRICT.

...PETITIONER AND

1. S TATE OF ANDHRA PRADESH REP BY ITS PRINCIPLE SECRETARY, WOMEN DEVELOPMENT, CHILD WELFARE & DISABLED WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD.

2. T HE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.

3. T HE DEPUTY DIRECTOR, DISTRICT CHILD WELFARE OFFICER, CHITTOOR, CHITTOOR DISTRICT.

4. T HE CHILE DEVELOPMENT PROJECT OFFICER, I.C.D.S. PROJECT, THAMBALLAPALLI, CHITTOOR DISTRICT.

5. S THAJUNA, W/O LATE RAFI @ MOHAMMAD RAFI, MUSLIM, AGED ABOUT 20 YEARS, DO D.NO.3-38, MARAPPAGARIPALLI VILLAGE, H/O BALASAMUDRAM POST, TANAKALLU MANDAL, ANANTHAPUR DISTRICT. PRESENT ADDRESS S. THAJUNA, D/O S. KASIM, KONETIVARIPALLI VILLAGE, SOMPALLI POST, MULAKALACHERUVU MANDAL, CHITTOOR DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue, a writ of Mandamus declaring the action of the 4th respondent in issuing the proceedings No.1091/A/2012/1-12-12, dated 05.12.2012 in appointing the 5th respondent as Anganwadi worker (Main) of Konetivaripalli village, Sompalli post, Mulakalacheruvu Mandal, Chittoor District, as illegal, improper, unjust, arbitrary, contrary to the guidelines in G.O.Ms.No.21 Women Development, Child Welfare & Disabled Welfare (ICDS) Department, dated 24.08.2007 and G.O.Ms.No.38, dated 03.11.2008 and consequently direct the 3rd respondent to appoint the petitioner or any other eligible person to the post of Anganwadi worker IA NO: 1 OF 2013(WPMP 7958 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the proceedings No. 1091/A/2012/1-12-12, dated 05.12.2012 issued by the 4th respondent pending writ petition IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner:

1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S):

1. MD SALEEM

2. GP FOR WOMEN DEV, CHILD WELFARE The Court made the following:

Order:-

The petitioner is challenging the appointment of the 5^th respondent as Anganwadi worker primarily on the ground that the 5^th respondent is not a native of Konetivaripalli Village.

2. It is submitted that the notification was issued for appointment of Anganwadi worker and the notification itself mandates that the applicant ought to be a native of Konetivaripalli Village. The petitioner applied for the said post. However, the respondent Nos.1 to 4 have chosen the 5^th respondent as the Anganwadi worker.

3. The learned counsel for the petitioner submits that the petitioner is residing in Konetivaripalli Village after having married a permanent resident of the village. It is submitted that the petitioner ought to be appointed in place of the 5^th respondent and even on the age factor the petitioner ought to be considered for the said post.

4. The counter filed by the State would indicate that the 5^th respondent had married one Shaik Rafi @ Mohammed Rafi, resident of Anantapur District, and that he passed away within three (03) days of marriage and that the 5^th respondent was residing along with her father in Konetivaripalli Village. The 5^th respondent was engaged as the certificate produced by her was considered by the Selection Committee and the 5^th respondent secured more marks when compared to the marks secured by the petitioner. The details of