Janaki Jena and Others vs State of Orissa and Others

Sanju Panda, J.—Since these two writ applications arise out of Notification No. 417 dated 3.9.2009 both were heard together & are being disposed of by this common judgment.

In both the writ applications, the Petitioners have challenged the Notification No. 417 dated 3.9.2009 issued by the Child Development Project Officer, Hatadihi Block in the district of Keonjhar for engagement of Anganwadi Workers.

The Petitioners were engaged as Organisers of different Anganwadi Centres for last 15 years & they are discharging their duties as such. In the year 1993, the authorities issued a notification for engagement of Anganwadi Workers. As per the said Notification, the requisite educational qualification of a candidate was 8th class pass but for the Scheduled Tribe candidates it was 5th class pass. However, the candidate must be able to read Oriya fluently. At that point of time the Petitioners had the requisite qualification to be engaged as Anganwadi Workers. However, they were engaged as Organisers & are continuing as Organisers with a hope that in future they will be absorbed as Anganwadi Workers as they have possessed the requisite experience.

While the matter stood thus, the authorities issued a fresh Notification for appointment of Anganwadi Workers in the year September, 2009 where the requisite educational qualification of a candidate was reflected as Matriculation or higher. It was also mentioned therein that the matriculate candidate, who is a permanent resident of the village, having past experience of 5 years shall be given preference.

As per the Revised Guidelines for selection of Anganwadi Workers issued by the Commissioner-cum-Secretary to Government of India, Women & Child Development Department on 2.5.2007, preferential additional percentage will be given to the category of Scheduled Tribe/Scheduled Caste, Widow, Unmarried etc. It was also stated in the said Guidelines that Anganwadi Helper having requisites qualification & found suitable shall be selected as Anganwadi Worker provided they have worked for more than five years.

Therefore, the Petitioners are expecting that their candidature is to be considered as Anganwadi Worker. But they have challenged the revision of requisite educational qualification of Anganwadi Workers as "Matriculation" instead of "8th pass" as stipulated earlier in the year 1993. Their main grievance is that since they are working as Anganwadi Organisers for last 15 years, they have the requisite experience & taking into consideration their past experience they should have been considered to be appointed as Anganwadi Workers. There was no allegation of incompetence against them & they will serve better than other candidates. Hence, there is no justification for higher qualification, i.e., matriculation.

However, the Opp. Parties have filed their counter. In the said counter they have taken a stand that the Government, in supersession of all previous guidelines for selection of Anganwadi Workers, have issued revised guidelines from 2.5.2007. As per the said guidelines, the minimum educational qualification for selection of Anganwadi Workers is matriculation & the same can be relaxed in respect of Scheduled Caste candidates only in rural & urban areas. It also provides that Anganwadi Helper & Organizer, having requisite qualification they are found to be suitable, shall be selected as Anganwadi Workers provided they have more than five years of experience & as the Petitioners do not satisfy the above criteria, their candidature cannot be considered for engagement as Anganwadi Workers.

As per the Guidelines, an Anganwadi Worker is a volunteer who gets an honorarium for the service rendered by her. The service is for the less privileged persons of the locality to which she belongs. She is not a Government servant with fixed or graduated pay scale. Therefore, the provisions of the ORV Act (for SC & ST), 1975 & Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 shall not apply in selection of Anganwadi Workers. Similarly, an Anganwadi Worker cannot claim any regular appointment in future on the basis of her selection as Anganwadi Worker. While testing the candidate, it is also stated in the Guidelines that the candidate must be acquainted to comprehend Oriya language & familiarity with English & simple arithmetical ability. After the selection the candidate is to go for Job Course & Refresher Course Training. All these above guidelines have been given because after selection of Anganwadi Worker she has to discharge her duties properly to the satisfaction of the authorities & she has to help the local people & take care of the small children of the locality. Therefore, it is quite necessary that a person having matriculate qualification has to be selected as Anganwadi Worker. Accordingly the authorities have fixed criteria & minimum educational qualification of a candidate as matriculate as because availability of number of educated persons in the area has increased day by day. Age & physical changes are no bar to those persons who are used to prove themselves after getting higher education or qualification & those persons who are ready to adopt every changed situation.

Therefore, taking into consideration the aforesaid position, this Court thinks it proper that the minimum educational qualification fixed by the authority for selection of Anganwadi Worker is just & proper. However, the experience acquired by the Petitioners as Anganwadi Helper or Organisers cannot also be ignored. Sufficient chance should have been given to them to acquire the required higher qualification if they have not possessed the requisites qualification & minimum three chances should be given to all such persons including the Petitioners, who have to their credit five years'' experience of Anganwadi Helper or Organizer as required under the guidelines to clear matriculation. Thereafter their candidature should have been considered by the authority.

With the above observation, both the writ applications are disposed of. No costs.