Y. Jayalaxmi, Kurnool District v. The Chairman, Kurnool And 3 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.1314 of 2007 ORDER:

This Writ Petition is filed seeking a writ of mandamus declaring the action of the respondents 1 to 3 in appointing the 4th respondent as Anganwadi worker of Narlapuram Village, Veldurthi Mandal, Kurnool District, as arbitrary, illegal and contrary to the notification issued on 10.02.2006 and prayed for setting aside the same.

Heard Sri D.V.Suresh Kumar, learned counsel for the petitioner and the learned Government Pleader for Women and Child Welfare.

It has been contended by the petitioner that she is fully eligible and qualified to appoint as a Anganwadi worker and respondents had issued a notification to fill up the post of Anganwadi worker on 10.02.2006 in respect of Narlapuram Village, Veldurthi Mandal. As the petitioner is fully eligible and qualified, she had applied for the post of Anganwandi worker and the case of the petitioner was considered and she was called for interview on 27.10.2006. It is further submitted that the petitioner had passed 10th class whereas the 4th respondent had not passed 10th class. Though the petitioner is more meritorious than the 4th respondent, her case was ignored by the respondent and the 4th respondent was appointed as

Anganwadi worker. Challenging the same, the present writ petition is filed.

Learned Government Pleader appearing for respondents submits that petitioner is not a native of Narlapuram Village and as per the notification, one must be a native of the said Village to be considered for appointment as Anganwadi worker. Since the 4th respondent is the native of Narlapuram Village, the case of the 4th respondent is considered. Therefore, there is no illegality and irregularity committed by the respondents in considering the 4th respondent for appointment of Anganwadi worker. Hence, there are no merits in the writ petition and the writ petition is liable to be dismissed.

This Court, having considered the rival submissions of both the counsel, is of the considered view that the respondents have rightly appointed the 4th respondent as Anganwadi worker as she is eligible and native of Narlapuram Village. Accordingly, there are no merits in the writ petition and the same is dismissed. No order as to costs. Miscellaneous petitions, if any, pending, shall stand closed.

_______________________________ ABHINAND KUMAR SHAVILI,J Dt: 14.11.2018 dv