HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.28659 OF 2023

ORDER:

Heard Sri P. Sriharinath, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Women Development and Child Welfare Department, appearing on behalf of the respondent Nos.1 to 4.

2. The petitioner filed the writ petition seeking the following relief “…to issue a writ, order or direction more particularly are in the nature of Writ of Mandamus declaring action of the Respondent Nos. 1 to 4 in appointing the 5^th Respondent as Anganwadi Teacher for Gollapalli LT Village, Chegunta Mandal of Medak district, though, I am more qualified as per the guidelines prescribed and I secured more marks. The appointment of the 5^th Respondent as Anganwadi Teacher for Gollapalli LT Village, Chegunta Mandal, Medak District is illegal, arbitrary, discriminatory and without jurisdiction and violation of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India and consequently set aside the order of the 5^th Respondent as Anganwadi Teacher of Gollapally LT Village, Chegunta Mandal of Medak District and appoint the petitioner as Anganwadi Teacher of Gollapally LT Village, Chegunta Mandal of Medak district and to pass…”.

3. The case of the petitioner in brief, is that the petitioner belongs to a Schedule Tribe Community and secured 9.0 CGPA in SSC and also studied up to Intermediate. The petitioner in pursuance to the Notification issued for appointment of Anganwadi Teacher in the Anganwadi Centre, Gollapalli LT Village, Chegunta Mandal, Medak District, applied for the said post. Thereafter, the petitioner came to know that respondent No.5 herein was selected, who secured only 8.5 GPA in SSC, The petitioner submitted her representation to the respondent No.4. The husband of the petitioner also made a representation to the respondent No.3, who clarified that if with the age of 21 years candidates are not available in SC ST Category, then the candidates who are above 18 years of age will be considered, hence the respondent No.5 got selected for the said post as respondent No.5 completed 21 years of her age and the petitioner’s application is not considered as her age is less than 21 years. It is further the case of the petitioner that the respondent No.5 has got 8.5 GPA in SSC, but whereas the petitioner has secured 9.0 CGPA in SSC. Aggrieved by the action of the respondent Nos.1 to 4 in appointing the respondent No.5 herein, the petitioner approached this Court by filing the present Writ Petition.

4. PERUSED THE RECORD.

(A) The relevant portion of the Circular memo No.4207/ I CDS-3/ 2016, dated 02.06.2017 of the Director, Women Development and Child Welfare Department, Telangana State, Hyderabad is extracted hereunder:

“Circular Memo No.4207/ ICDS-3/ 2016, dated

02.06.2017 Sub: WD&CW Dept. – ICDS – Selection procedure through Online Anganwadi Recruitment Software Application for recruitment of the AWTs, Mini AWTs and Helpers – Draft Notification Communicated – Certain instructions on Selection Process – Issued – Reg.

Ref: T.O. Circular NO.4207/ICDS.3/2017, dated

11.04.2017.

@@@@@

...In continuation of this office instructions vide reference cited, all the District Welfare Officers and CDPOs are hereby directed to follow the guidelines given below for undertaking the selection process of AWTs, Mini AWTs &

AWHs for filling up the vacancies...”.

(B) Clause-V of the conditions pertaining to finalization of candidates by the District Selection Committee of the Circular Memo dated 02.06.2017 is extracted hereunder:

“...In case where two applicant scored same marks for the same Anganwadi Centre, then the system will consider first the candidate having higher age based on date of birth.”

(C) The relevant portion of the Official Notification generated from computer for the post of Main Teacher, Village, Gollapally LT, Grama Panchayath Gollapally, Mandal Chegunta, earmarked for ST category, at point No.5 reads as under:

“…Candidat