O R D E R

This Writ Petition has been filed by the petitioner under Article

226 of the Constitution of India seeking a Writ of Mandamus declaring the action of respondents 1 and 2 in appointing the 3rd respondent who secured less marks than the petitioner and below merit as arbitrary and illegal and against Articles 14 and 16 of the Constitution of India and consequently to direct respondents 1 and 2 to appoint the petitioner as an Anganwadi Worker in place of the 3rd respondent as per merit and ranking and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

2. Brief facts of the case are that the 2nd respondent issued a paper Notification dt.13.03.2007 calling for applications for the posts of Anganwadi Workers and Anganwadi Helpers. The petitioner and also the 3rd respondent along with others have applied for the post of Anganwadi Worker. There was a written test conducted in which the petitioner has secured higher marks. However, respondents 1 and 2 have appointed the 3rd respondent as Anganwadi Worker. Aggrieved by the same, the petitioner has filed this Writ Petition.

3. The writ petitioner submits that she is qualified and eligible for appointment as Anganwadi Worker and as she has secured more marks than the 3rd respondent in the written test, she should have been appointed and therefore, she prayed for a direction to appoint her as Anganwadi Worker.

4. Respondents 1 and 2 have filed a counter, wherein it is stated that the petitioner actually has secured higher marks, i.e., 47 than the 3rd respondent who secured 42 marks and since the petitioner was running a private school and got properties, preference was given to the next highest marks secured by the 3rd respondent and she was accordingly appointed.

5. The 2nd respondent has also filed an additional counter affidavit stating that the appointment of the 3rd respondent is purely the decision of District Level Selection Committee and that the Selection Committee has not only taken the merit of the candidates i.e., marks secured in written exam but also considered the financial status of the candidates and poor back ground and since the petitioner is running a private school and also got properties, the Selection Committee has selected the 3rd respondent as the Anganwadi Worker. It is also submitted that at the relevant point of time, the petitioner was running a private school in that area in the name of Ravi Convent School and later it was renamed as Prakash Convent School. However, the school is not running any longer and the petitioner is also living in Hyderabad. It is also submitted that the Anganwadi Worker post is purely honorarium based service to the poorest of the poor children and pregnant and lactating women and the appointment of the 3rd respondent is purely the decision of the District Level Selection Committee approved by the then District Collector and Chairman of the District Level Selection Committee.

6. The 3rd respondent has also filed a counter stating that the petitioner does not fulfil the other condition of being daughter-in-law of the Village.

7. Having regard to the rival contentions and the material on record, it is seen that the eligibility criteria for the appointment of an Anganwadi Worker are as per the Notification published by respondents 1 and 2, which reads as follows:

“Eenadu Paper Notification, Dt.13-03-2007.

Project Director, Dist Women & Child Dev.Agency, Khammam.

It is hereby informed as per the instructions of the District Collector, Khammam the vacant (439) Anganwadi Workers and (629) Anganwadi Helpers posts in (15) ICDS Projects in Khammam District is hereby notified for calling of applications from the eligible candidates.

Eligibility for applying applications for Anganwadi Worker Posts:

1. Daughter-in-law of the concerned village. 2. 10th Class passed in urban ICDS Project.

3. 8th standard candidates are eligible in Rural and Tribal areas if 10th class candidates are not av