B. Anbukkarasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM B.Anbukkarasi ... Petitioner Vs.

1.The District Collector Villupuram 2.The Child Development Project Officer Vanur Taluk Villupuram District.

3.Sarasu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring the appointment of the third respondent as Anganwadi helper at the Perumbakkam I Anganwadi, Vanur Taluk, Villupuram District as illegal and consequently direct the Respondents 1 & 2 to appoint the petitioner as Anganwadi helper with effect from the date of appointment of the third respondent with all backwages, service and seniority benefits.

For Petitioner : Mr.R.Saravanan For Mr.T.Sai Krishnan

For R1 & R2 : Mr.V.Arun Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader For R3 : No Appearance

O R D E R

The appointment of the 3rd respondent as Anganwadi Helper is sought to be declared as void in the present writ petition.

2. The petitioner participated in the process of selection for appointment to the post of Anganwadi Helper at Perumbakkam I Anganwadi, Vanur Taluk, Villupuram District.

3. The petitioner states that the 3rd respondent, who is lesser qualified than the petitioner was appointed. As per the Government guidelines, the resident of the same village is to be considered for selection and appointment to the post of Anganwadi Worker and in the present case, the respondents 1 and 2 had violated the Government guidelines issued in G.O.Ms.No.110 dated 14.05.2012.

4. The learned Additional Advocate General appearing on behalf of the respondents 1 and 2 furnished a copy of the marks statement awarded by the Competent Selection Committee, who conducted interview. Both the petitioner and the 3rd respondent attended the interview and the writ petitioner Smt.B.Anbukkarasi scored 17 marks and the 3rd respondents Smt.Sarasu scored 23 marks.

5. Regarding the assessments made by the Interview Committee, High Court cannot interfere, unless such award of marks is tainted with allegation of mala fides or some corrupt activities or otherwise established.

6. In the present case, the 3rd respondent scored higher marks than that of the writ petitioner and accordingly, she was selected and appointed. Thus, this Court do not find any infirmity in respect of the appointment of the 3rd respondent as Anganwadi Worker. Accordingly, the Writ Petition stands dismissed. No costs.

08.11.2022 Jeni Index : Yes Speaking order

To 1.The District Collector Villupuram 2.The Child Development Project Officer Vanur Taluk Villupuram District.

S.M.SUBRAMANIAM, J.

Jeni 08.11.2022