Andhra Pradesh High Court
WRIT PETITION 6056 of 2016 on 7 December 2015
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY FIFTH DAY OF SEPTEMBERTWO THOUSAND AND TWENTY FOURPRESENTTHE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 6056 OF 2016
Between:
1. Ankannagari Maddamma, W/o. M.Prasad, Occ: Housewife,R/o. H.No.8-38, J.Kottala Buddanagar H/o. Mittakandala Village,Pamulapadu Mandal, Kurnool District, A.P.
AND
...Petitioner
1. State gf Andhra Pradesh, Department for Women Children (ICDS-A1)Disabled and Senior Citizens, Secretariat, Hyderabad Rep. by itsSecretaryDisabled and Senior Citizens, Secretariat, Hyderabad Rep. by itsSecretary
2.The Project Director (ICDS), District Women Children[Disabled][ and]Senior Citizens Department, Kurnool.Senior Citizens Department, Kurnool.
3.The District Collector, Kurnool, Kurnool District.
4.The Child Development Project Officer (ICDS), Nandikothur,Kurnool district.Kurnool district.
5.B.Sreelatha @ K.Latha, W/o. K.V.N.M.Lingeswara Reddy,R/o. H.NO.1-48, Mittakandala Village, Pamulapadu Mandal,Kurnool District.R/o. H.NO.1-48, Mittakandala Village, Pamulapadu Mandal,Kurnool 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 a writ of mandamus or any other appropriate writ ordirectiondeclaringtheappointmentof5threspondentasAnganwadiworker of J.Kottala Buddanagar,H/o.Mittakandala Village,PamulapaduMandal, Kurnool district by virtue of selection list issued by 2nd respondentdated 7.12.2015 as illegal arbitrry and contrary to the guidelines issued inG.O.Ms.No.15 dated 4.4.2012 and to consequently set aside the same by directing the respondents to consider the application of the petitioner forappointment as Anganwadi.
I.A. NO: 1 OF 2016fWPMP. NO: 7702 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 bepleasedto, suspendappointmentof5threspondentasAnganwadiVolunteer for J.Kottala Buddanagar, H/o.Mittakandala Village, PamulapaduMandal,KurnoolDistrictbyvirtueofselectionlistissuedby2ndrespondent dated 7.12.2015 pending disposal of the[WP.]
Counsel for the Petitioner: SRI. G SRAVAN KUMARCounsel for the Respondents: GP FOR WOMEN DEV-CHILDWELFARE(AP)
Counsel for the Respondents: P SRINIVASA RAOThe Court made the following: ORDER
APHC010079502016
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3333]
WEDNESDAY ,THE TWENTY FIFTH DAY OF SEPTEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 6056/2016
Between:
Ankannagari Maddamma, W/o. M.prasad
...PETITIONER
AND
State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner;
1.G SRAVAN KUMAR
Counsel for the Respondent(S):
1.GP FOR WOMEN DEV-CHILD WELFARE(AP)
2.P SRINIVASA RAO
The Court made the following:
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ORDER:-
The present WritPetition cameto be filed under Article[226]of theConstitution of India seeking the following relief:- “...to issue a writ of mandamus or any other appropriatewrit ordirection declaring the appointment ofrespondent as AnganwadiworkerofJ.Kottala,BuddanagarH/oMittakandalaVillage,Pamulapadu Mandal,Kurnooldistrict byvirtueof selectionlistissued byrespondent dated 07.12.2015 as illegal, arbitrary[and]contrarytotheguidelinesissuedinG.O.Ms.No.15,dated04.04.2012 and to consequently set aside the same by directing therespondentstoconsidertheapplicationofthepetitionerforappointment as Anganwadi worker and pass such other[or][ further]orders as the Hon’ble Court feels deem fit and proper[in][ the][ facts]and circumstances of the case. ”
2. Heardlearnedcounselforthepetitioner andlearnedGovernmentPleader for Women Development and Child Welfare for the respondent Nos.1 to 4 and Sri P.Srinivasa Rao, learned counsel for the respondent No.5.Pleader for Women Development and Child Welfare for the respondent Nos.1 to 4 and Sri P.Srinivasa Rao, learned counsel for the respondent No.5.
3. The facts of the case are that in pursuance of the notification issued bythe respondent No.2 on 29.07.2015,inviting applications from the eligiblewomencandidatesfor thepostof Anganwadi Workers,Mini AnganwadiWorkers and AnganwadiHelpers,thepetitioner appliedfor thepostofAnganwadiWorkerforJ.KottalaBuddanagar Centerdulyenclosingtherequisite certificates. Respondent No.4 has called the petitioner to attend theinterview on 12.11.2015 and accordingly the petitioner along with others haveattended the interview. But however, on enquiry the petitionercame to knowthat the respondents hava^selected the respondent No.5, though she does notthe respondent No.2 on 29.07.2015,inviting applications from the eligiblewomencandidatesfor thepostof Anganwadi Workers,Mini AnganwadiWorkers and AnganwadiHelpers,thepetitioner appliedfor thepostofAnganwadiWorkerforJ.KottalaBuddanagar Centerdulyenclosingtherequisite certificates. Respondent No.4 has called the petitioner to attend theinterview on 12.11.2015 and accordingly the petitioner along with others haveattended the interview. But however, on enquiry the petitionercame to knowthat the respondents hava^selected the respondent No.5, though she does not belong to the said village. Challenging the same, the present writ petition isfiled.
4. Respondent No.4 has filed a detailed counter, whereinit is stated thatthe selected candidate, respondent No.5 has submitted an application for thepost of Anganwadi Worker by duly enclosing the nativity certificate issued bythe Tahsildar, Pamulapadu and a copy of the Aadhar Cardin proof of hernativity which establishes that the respondent No.5 is resident of BuddanagarVillage and as such the respondents have rightly appointed the respondentNo.5 in accordance with the parameters of G.O.Ms.No.18,[dated][ 15.05.2015.]the selected candidate, respondent No.5 has submitted an application for thepost of Anganwadi Worker by duly enclosing the nativity certificate issued bythe Tahsildar, Pamulapadu and a copy of the Aadhar Cardin proof of hernativity which establishes that the respondent No.5 is resident of BuddanagarVillage and as such the respondents have rightly appointed the respondentNo.5 in accordance with the parameters of G.O.Ms.No.18,[dated][ 15.05.2015.]
Conclusion
5. Asper the directions issuedbythis Court on18.09.2024,learnedGovernment Pleader has produced a copy of the nativity certificate, which wasenclosed by the respondent No.5 on the date of her appointment to prove thatshe is a resident of Buddanagar Village. The said certificate was issued by theTahsildar in the month of March, 2016, as per which the petitioner is aresident of Buddanagar Village.Government Pleader has produced a copy of the nativity certificate, which wasenclosed by the respondent No.5 on the date of her appointment to prove thatshe is a resident of Buddanagar Village. The said certificate was issued by theTahsildar in the month of March, 2016, as per which the petitioner is aresident of Buddanagar Village.
6. In view of the same, this Court is of the opinion that there is no illegalityinappointingthe respondent No.5 as Anganwadi Worker of BuddanagarVillage.inappointingthe respondent No.5 as Anganwadi Worker of BuddanagarVillage.
7. Accordingly, the Writ Petition is dismissed.There[shall][ be no order as]to costs.to costs.
Miscellaneous petitions pending,if any, in this Writ[Petition][ shall][ stand]
closed.
//TRUE COPY//
Sd/- U.SRI DEVIASSISTANT REGISTRAR
To,
SECTION OFFICER
1. One CC to SRI. G SRAVAN KUMAR Advocate [OPUC]
2. Two CCs to GP FOR WOMEN DEV-CHILD WELFARE(AP) ,High[Court]Of Andhra Pradesh. [OUT]Of Andhra Pradesh. [OUT]
3. One CC to SRI. P SRINIVASA RAO Advocate [OPUC]
4. Two CD CopiesVAKVAK
HIGH COURT
DATED:25/09/2024
ORDER
WP.No.6056 of 2016
DISMISSING THE WPWITHOUT COSTS
x*0 ? m 2KI^Current Section