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High Court for State of TelanganaWP/3582/2007dismissed

Smt. K. Saraswathi, v. The District Collector/Chairman, District Level-

2016-10-14A V Sesha Sai3 pages

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.3582 of 2007 ORDER:

This writ petition filed under Article 226 of the Constitution of India challenges the proceedings in Lr.No.1652/A/06 dated 8.2.2007 issued by the Project Director, District Women and Child Development Agency, Ananthapur. 2.

Heard Sri M.Ganga Rao, learned counsel for petitioner and the learned Government Pleader for Respondents, apart from perusing the material available before the Court.

3.

In response to a notification dated 16.2.2006 issued by the 1st respondent, inviting applications for filling up the posts of Anganwadi Workers and Helpers, petitioner herein and five others including 3rd respondent herein submitted applications. By virtue of the impugned order dated 8.2.2007, the 2nd respondent communicated the list of selected candidates including 3rd respondent herein. The said selection of 3rd respondent is under challenge in the present writ petition. 4.

According to the learned counsel for the petitioner, the petitioner herein is more qualified than 3rd respondent and totally ignoring her claim, the respondents selected 3rd respondent. It is also the submission of the learned counsel that the respondents appointed the 3rd respondent only on the pressure exerted by the local political leaders. 5.

On the contrary, it is contended by the learned Government Pleader that selections were made strictly in accordance with law and the 3rd respondent is more qualified than petitioner and she had Degree qualification, therefore she was appointed as Anganwadi worker.

6.

In the counter affidavit filed by the 2nd respondent, it is stated that basing on the merits and demerits, 3rd respondent, who has Degree qualification, has been selected as Anganwadi worker. It is also stated by the learned Government Pleader that the petitioner is having only SSC qualification. Counter also denies the pressure alleged to have been exerted by the local political leaders. No reply affidavit is filed denying the same. 7.

On 23.2.2007, this Court while admitting the writ petition, granted status quo order in W.P.M.P.No.4560 of 2007. According to the counter, the 3rd respondent already joined the duty and is working as Anganwadi worker. 8.

In view of the above reasons and having regard to the averments made in the counter affidavit, this Court does not find any valid reason to hold that the appointment of 3rd respondent is illegal at this length of time. 9.

For the aforesaid reasons, the writ petition is dismissed. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 14.10.2016 DA

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.3582 of 2007 14.10.2016 DA