APHC010685702013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31442/2013 Between:

1. C HILAMALA NEERAJA, W/O.ANJANEYULU, HINDU, OCC. NIL, R/O.

NAGULAPURAM VILLAGE PEDDVODUGURU MANDAL, ANANTHAPUR DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT SECRETARIAT BUILDINGS, HYDERABAD

2. T HE DISTRICT COLLECTOR, ANANTAPUR DISTRICT, ANANTAPUR 3. T HE PROJECT DIRECTOR, WOMEN & CHILD WELFARE DEPARTMENT OFFICER, ANANTAPUR, ANANTAPUR DISTRICT

4. T HE CHILD DEVELOPMENT PROJECT OFFICER, O/O. CDPO, EXTENSION, GOOTY, ANANTAPUR DISTRICT

5. B OYA SUVARNA W/O CHANDRA, HINDU, OCC: HOUSE WIFE, R/O NAGALAPURAM VILLAGE, DIMMAGUDI POST, PEDDAVODUGURU MANDAL ANANTAPUR 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 an appropriate Writ order or direction particularly one in the nature of Writ of Mandamus declaring the proceedings No.92/B/2013/dated

01.10.2013 passed by the respondent no.2 in appointing the respondent no.5 as Anganwadi worker by canceling the procedure and method of selection adopted by the Respondent No.2 as illegal, arbitrary and in clear negation of Articles 14 and 21 of the Constitution of India besides being violation of principles of natural justice and consequently direct the respondent to appoint the petitioner for the post of Anganwadi Worker in P.Nagalapuram (V), Peddavadugur (M), Anantapur District and pass IA NO: 1 OF 2013(WPMP 39060 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 direct the respondent no.2 to dispose of the representation dated 15.10.2013 by following due procedure of law, pending disposal of main writ petition and pass Counsel for the Petitioner:

1. PAVAN KUMAR ADITYA MALLADI Counsel for the Respondent(S):

1. GP FOR WOMEN DEV-CHILD WELFARE(AP)

The Court made the following:

ORDER:

The petitioner is challenging the appointment of the 5^th respondent as Anganwadi worker. The ground raised in the writ petition is that the petitioner had passed 9^th class as on the date of notification and that the 5^th respondent also did not pass 10^th class and that she was below 21 years as on the date of notification.

2. The respondents have issued a corrigendum notification on 08.12.2011 and the selection process was pending, kept pending till March, 2013. The petitioner has submitted a representation on 07.12.2012 requesting the respondents to consider the petitioner for the post of Anganwadi worker. The petitioner and the 5^th respondent attended the interview before the selection committee on 03.03.2013. The petitioner was anticipating selection as she secured more marks than the 5^th respondent.

3. The 3^rd respondent has filed a counter and it is stated in the counter that the application of 5^th respondent was initially rejected by mistake by holding her as not meeting the age criteria in terms of the notification. Thereafter, the 5^th respondent filed W.P.No.16623 of 2013 before this Court and the writ petition was disposed of, directing the petitioner to submit a fresh representation to the respondents by enclosing a copy of the SSC certificate and the selection committee to consider the same.

4. It is further submitted that the 5^th respondent submitted a representation along with a copy of SSC certificate and having satisfied with the 5^th respondent’s meeting the eligibility criteria, the orders of appointment were issued. It is also stated in the counter that the respondents have not entertained any fresh application from the 5^th respondent and that the respondents have complied with the orders passed by this Court in the writ petition f