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 or order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in selecting and appointing the 6th respondent as Anganwadi Helper of Amalapuram village Atmakur Mandal, Kurnool District as illegal, arbitrary, violation of guide lines issued by the Government for the post of Anganwadi Helper and violation of Articles 14 and 16 of the Constitution of India and consequently set aside the selection and appointment of the 6th respondent as Anganwadi helper of Amalapurm village of Atmakur Mandal, Kurnool District.

IA NO: 1 OF 2016(WPMP 3727 OF 2016

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 suspend the appointment of the 6th respondent as Anganwadi Helper of Amalapuram village of Atmakur Mandal, Kurnool District pending disposal of the main W.P.

The Court made the following order:

THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

W.P.No.2946 OF 2016

ORDER:

The instant writ petition has been filed under Article 226 of Constitution of India, seeking the following main relief:

“to issue a writ or order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in selecting and appointing the 6th respondent as Anganwadi Helper of Amalapuram village Atmakur Mandal, Kurnool District as illegal, arbitrary, violation of guide lines issued by the Government for the post of Anganwadi Helper and violation of Articles 14 and 16 of the Constitution of India and consequently set aside the selection and appointment of the 6th respondent as Anganwadi helper of Amalapurm village of Atmakur Mandal, Kurnool District and pass….”

Learned counsel for the petitioner submits that the 5th respondent issued notification dated 04.10.2015 for the post of Anganwadi Worker at Atmakur, Kurnool District. Consequent to the said notification, petitioner, 6th respondent and others applied to the post of Anganwadi Worker. Learned counsel further submits that interviews were also held on 20.11.2015, wherein the 6th respondent was emerged as successful candidate. According to the learned counsel for the petitioner, though the 6th respondent does not possess the pre-requisite qualification of SSC, but the respondent authorities arbitrarily and unilaterally selected her for the post of Anganwadi Helper at Amalapuram.

On the other hand, the learned Government Pleader for Women and Child Welfare based on the counter filed by the 5th respondent categorically submits that the 6th respondent is having requisite qualification of SSC, who completed the SSC on 23.05.2010 apart from possessing all pre-requisite norms and guidelines as required for the post of Anganwadi Helper.

At this juncture, learned counsel for the 6th respondent Sri K.Narsi Reddy, vehemently submits that the petitioner out of political animosity with the 5th respondent, only to interdict the petitioner’s right instituted the instant lis, in order to settle her private grudge with the 5th respondent only. He also submits that the 6th respondent is continuing right from the year 2016 to till date.

Heard the learned counsel for the petitioner as well as learned Government Pleader for Women and Child Welfare and the learned counsel for un-official respondent Sri K.Narsi Reddy and also gone through the entire material on record.

The core issue emerged in the instant lis is, ‘Whether the 6th respondent is possessing all pre-requisite qualifications so as to appoint as Anganwadi Helper post or not’?

Indisputably as per the notification dated 04.10.2015 issued by the 3rd respondent, the qualifications are prescribed as SSC and other eligibility criteria. According to the case set up by th