Rekha Devi vs State Ors

Applications were invited for engagement of Anganwadi workers and helpers on the honorarium basis from all eligible female candidates in all the ICDS projects in District Doda and some other hamlets vide Advertisement Notice No. 01 of 2010 dated 25.06.2010. Petitioner submits that she being eligible and belonging to schedule caste category applied for the post of Anganwadi Worker, and after considering her candidature and eligibility, she was interviewed for the said post. Proposed selection list of the Anganwadi workers under phase -ITI Expansion Programme project-wise in respect of District Doda was issued by respondent No.4 under Notification No. DIP/J-9603 dated 28.01.2011. Petitioner is aggrieved of the selection of respondent No.6 for the post of Anganwadi worker in Centre Baya, Panchayat Gajoth seeks quashing of selection of respondent No.6 as Anganwadi Worker.

Grievance of the petitioner is that in terms of the Advertisement Notice No. 01 of 2010 dated 25.06.2010, the post of Anganwadi Worker advertised for the Village Baya and Hamlet Baya was for scheduled caste candidates only and, as such, only candidates belonging to the schedule caste category were eligible and be considered for the said post. Thus, selection of respondent No.6 as Anganwadi Worker, without considering her eligibility as she does not belong to the Schedule Caste category, is arbitrary and illegal and is required to be set aside. It is further submitted that some of the villagers of Baya (Gajoth) had approached the respondents prior to the interview being held requesting that since the post advertised is for the schedule caste category, therefore, the only candidate belonging to the same category be considered as eligible to apply and be considered for the said post. Petitioner, thus, seeks quashing of the proposed select list issued vide Notification No. DIP/J-9603 dated 28.01.2011 and also a direction to the respondents to select the petitioner for the post of Anganwadi worker in Village Baya.

Per contra, the respondents have stated that 15 Anganwadi Centres were sanctioned under the phase-IIIrd of the expansion programme for ICDS Project, Bhaderwah. One post of Anganwadi workers were advertised in Anganwadi centre Baya. In terms of the Advertisement Notice No. 01 of 2010 dated 25.06.2010, the eligibility criteria for Anganwadi Worker was notified as under:

Age as on 01.01.2010 should be between 18-44 years.

The candidate must be the permanent resident of J&K State and belongs to the same Hamlet for which the Anganwadi Centre has been sanctioned.

Minimum Educational qualification is matric and in case no Matriculate candidate is available, Middle pass candidate shall be considered. (Middle pass certificate must be duly countersigned by the concerned ZEO).

The candidate should belong to the same Hamlet where the Anganwadi Centre is located. If a suitable candidate is not available in that Hamlet, the candidate should be selected from the Revenue Village of which the said Hamlet is a part.

In case of areas with predominant population of reserved categories no qualification bar shall apply.

The weight age shall be given to the viva-voce and academic qualification as per breakup given below:

(i) Matriculation 85 points

(ii) Viva-voce 15 points

In a situation where there is a tie-up between eligible daughter-in-law and un-married girl, preference shall be given to daughter-in-law.

In response to the applications and after completion of the selection process from the eligible candidates, respondent No.6, who secured the highest merit was selected for the said post. Thus, selection was made strictly in accordance with Government Order No. 07-SW of 2010 dated 18.01.2010. The eligibility prescribed in this Government Order is that the candidate should be a matriculate and if no matriculate candidate is available than 8th pass candidate should be considered for appointment to the post of Anganwadi worker. Since the petitioner was only a middle pass and not matriculate, therefore, she was not considered for appointment to the post of Anganwadi worker at centre Baya. The respondents further submitted that the post of Anganwadi worker is an honorarium post, therefore, reservation rules do not apply to the same and Government Order No. 07-SW of 2010 dated 18.01.2010 also does not provide for reservation of posts of Anganwadi workers. It has been further clarified that in the advertisement notice the remarks column mentions SC against Anganwadi Centre Baya has been reserved for schedule caste category candidates but because the Anganwadi Centre Baya is considered as schedule caste Anganwadi centre as most of the population in Baya (Gajoth) belongs to schedule caste category, therefore, the petitioner's interpretation that the post in the Anganwadi Centre in Baya is reserved for schedule caste category is without any basis and deserves to be rejected out rightly. The respondents submit that since the selection to the post of Anganwadi Worker has been made purely on merit and respondent No.6 had a total of 51.27 in merit being the highest. She has been selected for the said post. Otherwise also, the respondents have stated that two candidates, Shaheena Begum and Rajni Devi, were considered being matriculate but were not selected having lesser merit than respondent No.6. So far as the petitioner is concerned, she being a middle pass could not be considered for selection as there were more meritorious candidates.

Respondent No.6 has also filed her objections and reiterated the stand of the official respondents that the post being an honorarium post, as such, reservation rules does not apply and the respondent has been selected strictly in accordance with the Government Order No. 07-SW of 2010 dated 18.01.2010 and the rules and regulations governing the selection under the ICDS project.

There is no dispute of the post of Anganwadi worker is on honorarium basis and in terms of the Government Order No. 07-SW of 2010 dated 18.01.2019 in case of selection first preference has to be given to the matriculate candidates as the minimum qualification prescribed is matriculate and in case no matriculate candidate is available, the middle pass candidate should be considered. Since candidates possessing the matriculation qualification in the said area were available and had applied pursuant to the Notification, therefore, they were considered and amongst these candidates, candidate securing the highest merit was selected.

It stated that eligibility would be strictly in accordance with Government Order No. 07-SW of 2010 dated 18.01.2010. It is further stated that the minimum qualification for the post is matriculate and in case no matriculate candidate is available then middle pass candidate will be considered, therefore, despite the fact that predominant population of the area was from reserved category, as such, according to condition No.5 qualification was no bar, therefore, petitioner application form was accepted but three matriculate candidates had participated in the selection process and amongst them respondent No.6 has secured the highest merit, therefore, she was selected on the post of Anganwadi worker in Anganwadi Centre Baya in accordance with Government Order No. 07-SW of 2010 dated 18.01.2010.

In view of the reasons mentioned above, there is no merit in this petition, which is, accordingly, dismissed.