Andhra Pradesh High Court
WP/31937/2012 of Smt. Gadi Vijayalaxmi Vs The District Collector cum Chairman of the Selection on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31937 OF 2012 Between: Smt. Gadi Vijayalaxmi, W/o G. Krushna, aged 23 years, Occ; housewife
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 31937 OF 2012
Between:
Smt. Gadi Vijayalaxmi, W/o G. Krushna, aged 23 years,[Occ;][ housewife]R/oBaratamvillage,SindhathamdPanchayat,L.N,PetaMandalSrikakulam District.
...Petitioner
AND
1. The District Collector cum Chairman of the Selection CommitteeSrikakulam.Srikakulam.
2. The Project Director, District Women & Child, Development AgencySrikakulam.Srikakulam.
3. The Project Officer, ICDS Project, Amadalavalasa, Srikakulam District.
4. Revenue Divisional Officer, Srikakulam.
5. Smt. L. Anuradha, W/o Bhasker Rao, aged major, R/o Gadavanipetavillage, Sumanthapuram Panchayat, L.N. Peta Mandal,[Srikakulam]District.village, Sumanthapuram Panchayat, L.N. Peta Mandal,[Srikakulam]District.
...Respondents
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue any appropriate Writ, Order or[direction][ preferably][ a]Writ in the nature of Writ of Mandamus, declaring the[action][ of][ the][ officials]respondentsin selecting the5*^ respondent as Mini[Anganwadi]Helpercontraryto the termsof thenotificationie.,selectingacandidatefromdifferentvillageasbeingillegal,arbitraryandunconstitution[al]andconsequently set aside the said selection and direct[the][ respondents]toconsider the case of the petitioner basing on the eligibility[criteria][ in][ terms][ of]the notification and select her in place of the 5**^ respondent.
I.A. NO: 1 OF 2012fWPMP. NO: 40730 OF 2012)
Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the writ petition, the High Court maybe pleased direct the respondents to forthwith consider[the]caseof thepetitioner for the post of Mini Anganwadi Helper in view of herself being thelocal villager, pending disposal of the above writ petition.
Counsel for the Petitioner:SRI. Dr.MOJJADA RAMAKRISHNA
Counsel for the Respondents: GP FOR WOMEN DEV, CHILD[WELFARE]
The Court made the following: ORDER
APHC010232272012
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3457]
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY-FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 31937/2012
Between;
Smt. Gadi Vijayalaxmi ...PETITIONER
AND
The District Collector Cum Chairman of The Selection...RESPONDENT(S)and Others Counsel for the Petitioner:
1.Dr. Mojjada Ramakrishna
Counsel for the Respondent(S):
1. GP for Women Dev, Child Welfare
The Court made the following:
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ORDER:
Heard the learned counsel appearing for the petitioner.
2. The petitioner is challenging the selection of therespondent as Mini Anganwadi Helper.
3. It is submitted by the learned counsel for the petitioner[that][ as][ per][ the]notification,thequalificationsforselectionof AnganwadiWorker/Mini Anganwadi Helper are as follows: -
1. The applicants should be aged between 21 to 35 years.
The applicants should be passed 7‘^.
2.
3. Locals are only eligible for applying for these posts.
4. Priority should be given to the category,in which[the][ Area]center is established.center is established.
5. Asper the systemofroaster,the postsof AnganwadiWorkers/Assistant (Aaya)/Mini Anganwadi Workers are eligible towhich the relevant category, which is suitable to them.In fillingprocess, preference is given to categorically.Workers/Assistant (Aaya)/Mini Anganwadi Workers are eligible towhich the relevant category, which is suitable to them.In fillingprocess, preference is given to categorically.
Interview is conducted basing on the general knowledge.
6.
7. Thecommitteereservestherightoffinaldecisioninselection of the applicant.selection of the applicant.
Married local women are only eligible for these posts.
8.
4. It is submitted that the 5'-^ respondent was not local[candidate][ and][ that]shesubmittedafalselocalcertificateandappliedfor thepostofMiniAnganwadi -Worker.Itis also submitted by the learnedcounselfor thepetitioner that after filing of the writ petition, the services of the 5*^ respondentwere also terminated and that the petitioner wouldbeentitledfor the saidappointment.
5. The learned counsel appearingfor the learned Government[Pleader]submitsthat the respondents havetakenappropriateactionafterhavingrealized the false nativity certificate produced by therespondent.As canseen from the counter,itis evident that the selection of the 5'^ respondentwas notin accordance with the recruitments as mentioned in the notificationdated 20.06.2012. When the services of the 5^^ respondent were terminated.the respondents No.1to 4 ought to have issued the relevant proceedingsappointing the petitioner as Mini Anganwadi Helper.As the respondentsfailed to issue such proceedings, the writ petition[deserves][ the][ consideration]submitsthat the respondents havetakenappropriateactionafterhavingrealized the false nativity certificate produced by therespondent.As canseen from the counter,itis evident that the selection of the 5'^ respondentwas notin accordance with the recruitments as mentioned in the notificationdated 20.06.2012. When the services of the 5^^ respondent were terminated.the respondents No.1to 4 ought to have issued the relevant proceedingsappointing the petitioner as Mini Anganwadi Helper.As the respondentsfailed to issue such proceedings, the writ petition[deserves][ the][ consideration]
of this Court and the respondents No.1to 4 are hereby[directed]toissuenecessary proceedings to appoint the petitioner as Mini Anganwadi Helper.The qualificationsin so far as ageis concerned, the sameshallnotbeapplicable to the case of the petitioner, as the petitioner[was][ well][ within][ the]age of qualification at the time of selections.
6. With these observations, this writ petition is allowed.There shall be noorder as to costs.order as to costs.
To,
Miscellaneous petitions,if any pending,in the Writ Petition,shall standclosed.
Sd/- M.SURYANADHA REDDY//TRUE COPY//DEPUTY REGISTRARSECJI^OFFICER
1. The District Collectorcum Chairman of the Selection Committeecum Chairman of the Selection CommitteeSrikakulam.
2. The Project Director, District Women & ChildDevelopment Agency,Development Agency,Srikakulam.
3. The Project Officer, ICDS Project, AmadalavalasaSrikakulam District.Srikakulam District.
4. Revenue Divisional Officer, Srikakulam.
5. Smt. L. Anuradha, W/o Bhasker Rao, aged major, R/o Gadavanipeta aged major, R/o Gadavanipetavillage, Sumanthapuram Panchayat, L.N. Peta Mandal, SrikakulamDistrict.District.
6. Oneccto SRI. Dr.MOJJADA RAMAKRISHNA Advocate[OPUCJ[OPUCJ
7. Two CCs to GP FOR WOMEN DEV,CHILD WELFARE ,High Court OfCHILD WELFARE ,High Court OfAndhra Pradesh. [OUT]
8. Three CD Copies.
high courtI'j:HN,J
DATED;31/12/2024
i:i.
ORDER
WP.No.31937 of 2012
#X2 2 IAN 2025|^Curreni secuon
allowing the wp without costs