APHC010064582021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3920/2021 Between:

Smt. Chillem Mallika, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SRINIVAS BASAVA Counsel for the Respondent(S):

1. SAI MANOJ REDDY L 2. GP FOR SERVICES III

3. GP FOR WOMEN DEV CHILD WELFARE The Court made the following Order:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 to 6 in appointing 7^th Respondent as Anganwadi Center Worker by order No.1/A12021, dated 01.01.2021 in respect to the notification No.233226, dated 11.12.2020 of 3^rd and 4^th Respondent without any proper selection criteria in the interview held on 28.12.2020 for Kadiri, East-Ethodu-1 Anganwadi Center as arbitrary, illegal, discriminative, in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Constitution of India and consequently set-aside the appointment of 7^th Respondent vide by order No.1/A/2021, dated 01.01.2021 and direct the Respondent No.2 to 6 to select candidate in fair and transparent manner again from the applicants to the notification No.233226, dated 11.12.2020 of 3^rd Respondent for Kadiri, East-Ethodu-1 Anganwadi Center…….”

2. Brief facts of the case are that the 3^rd respondent vide notification No.233226, dated 11.12.2020 has notified 588 post in the District of Ananthapuramu for the post of Anganwadi Worker, Anganwadi Helper and Mini Anganwadi Worker with SSC as basic qualification for the said posts. The Kadiri East was notified with 5 Anganwadi Worker, 27 Anganwadi Helper and one post for Mini Anganwadi Worker. The petitioner possessed B.Com graduation and applied for the post of Anganwadi Worker of Kadiri East- Ethodu-1, under BC-B category. The 4^th respondent office through proceedings Rc.No.83/ICDS/2020, dated 23.12.2020 intimated the petitioner to appear for interview on 28.12.2020 at 6^th respondent office at 10:00 A.M. Accordingly, the petitioner along with 3 others including the 7^th respondent have attended for the interview. Later, when the petitioner went to 4^th respondent office on 31.12.2020, the petitioner came to know that the 7^th respondent was selected. Aggrieved by the same, the present writ petition has been filed.

3. The 5^th respondent filed counter affidavit denying the allegations made in the counter affidavit and mainly contended that the recruitment process followed as per the G.O.Ms.No.18, dated 15.05.2015, the selection committee conducted interviews for many villages from morning 10:30 A.M. to Night 10:00 P.M. Village wise, the candidates are called and as per the performance of the candidates, the marks are awarded and as per their performance in the oral interview, the committee selected the candidates for the respective posts. The District Selection Committee awarded 61 marks to the petitioner and 69 marks to the 7^th respondent basing on their performance in oral interview, the 7^th respondent got highest marks in the interview. Hence, the 7^th respondent selected as AWW and appointment orders were issued on 01.01.2021 and the 7^th respondent joined and discharged her duties.

Therefore, prays to dismiss the writ petition.

4. Heard Mr.S.Kartheek, learned counsel representing Mr.Srinivas Basava, learned counsel for the petitioner and learned Assistant Government Pleader for Services-III, for the respondent(s) as well as Mr.L.Sai Manoj Reddy, learned counsel for the respondent No.7.

5. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the respond