Smt. M. Manjula v. The Dist Collector/Chairman District Level And 3 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 21050 of 2007 ORDER:

This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents 1 to 3 in selecting the 4th respondent as Anganwadi Worker, Voolapadu Village, Ramasamudram Mandal, Chittoor District, as illegal and arbitrary. A consequential direction is also sought to the respondents 1 to 3 to select the petitioner to the said post.

Heard Sri T. Balaji, learned counsel for the petitioner, learned Government Pleader for Women Development and Child Welfare appearing for the respondents 1 to 3, and Sri K. Rama Mohan, learned counsel for the 4th respondent.

It has been contended by the petitioner that she is fully qualified and eligible to be appointed as Anganwadi Worker and she has responded to the notification issued by the respondents 1 to 3 for filling up the post of Anganwadi Worker. It has been further contended that the 4th respondent has studied 10th class in Kannada Medium and belongs to Karnataka State and in spite of the fact that the petitioner is more meritorious than the 4th respondent, the respondents have appointed the 4th respondent as Anganwadi worker. Challenging the same, she filed the present writ petition. Learned counsel for the petitioner contends that the appointment of the 4th respondent is illegal as she has not studied 10th class in Telugu Medium in the State of Andhra Pradesh.

Learned Government Pleader for the respondents 1 to 3 has contended that though the 4th respondent has studied 10th class in Kannada Medium in Karnataka State, she can read and write Telugu and since Chittoor is a border District of Karnataka State, the 4th respondent was selected purely based on performance and interview and therefore there are no merits in the writ petition and the same is liable to be dismissed.

Learned counsel for the 4th respondent has contended that though the 4th respondent has studied 10th class in Kannada Medium, she can read and write Telugu and that no illegality has been committed by the respondents 1 to 3 in appointing the 4th respondent as Anganwadi Worker.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that studying 10th class in Karnataka State is not a disqualification and the respondents 1 to 3 have rightly appointed the 4th respondent as Anganwadi Worker. Therefore, I find no merits in the writ petition and the same is liable to be dismissed.

Accordingly, the writ petition is dismissed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________________ ABHINAND KUMAR SHAVILI, J 8th November, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 21050 of 2007 (dismissed) 8th November, 2018 cbs