IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20464 of 2008 Between: Smt. K. Subba Lakshmi, W/o. Ram Bhupal Sharma, R/o. Chennarayanipalle Village, Kolukula Post, Yerraguntapalem Mandal, Prakasam District. ..... PETITIONER AND 1 The Collector, Prakasam District, at Ongole. 2 The Project Director, District Women and Child Development Corporation, Ongole. 3 The Child Development Project Officer, ICDS Project, Tarlupaldu, Prakasam District. 4 B. Venkata Ramanamma, W/o. N. Kasaiah, R/o. Chennarayanipalle Village, Kolukula Post, Yerraguntapalem Mandal, Prakasam District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned proceedings No. 13/A2/2006 dt. 28-8-2008 issued by the 1st respondent appointing the 4th respondent as Anganwadi worker of Chennarayanipalli Village, Yerraguntaplem Mandal, Prakasam District, though she is less qualified than the petitioner as illegal, arbitrary, in violation of the principles of natural justice and consequently direct the respondent authorities to consider and appoint the petitioner herein for the post of Anganwadi worker of Chennarayanipalli Village, Yerraguntaplem Mandal, Prakasam District, by setting aside the impugned proceedings of the 1st respondent dt. 28-8-2008 bearing No. 13/A2/2006, Counsel for the Petitioner:K.ARUNA Counsel for the Respondent No.: GP FOR WOMEN DEV. & CHILD WELFARE The Court made the following : ORDER: Questioning the action of respondents 1 to 3 in selecting the 4th respondent as Anganwadi Worker of Chennarayanipalli Village, Yerraguntapalem Mandal of Prakasam District, the petitioner filed this writ petition. She has also sought for a consequential direction to appoint her to the said post on the ground that she is more qualified than the 4th respondent. Heard the learned counsel for the petitioner, Sri Palle Srinivas Reddy for respondent No.2, the learned Government Pleader for Women and Child Welfare Department for respondents 1 and 3 and Sri D.Kasim Saheb, learned counsel for the 4th respondent. The case of the petitioner is that pursuant to the notification issued by the 2nd respondent – Project Director, District Women and Child Development Corporation, Ongole for filling the post of Anganwadi Worker in Chennarayanipalle Village of Yerraguntapalem Mandal, Prakasam District, she applied for the said post along with other candidates. The qualification prescribed for the said post is 10th class pass and in the event of non-availability of the candidate possessing 10th class, 9th class passed candidates have to be considered. The case of the petitioner is that out of all the candidates applied to the said post, she alone is fully qualified and in spite of the same, respondents 1 to 3 have arbitrarily and illegally selected the 4th respondent herein who has passed only 9th class. Respondents 1 and 3 have filed a counter affidavit inter alia stating that the Committee Members have conducted the interviews and awarded the marks and that selecting the 4th respondent possessing 9th class qualification is not in violation of any rules as candidates with 8th class qualification is also eligible to attend the interview. The learned Government Pleader however, conceded that the minimum qualification for the post of Anganwadi Worker is 10th class and only in the event of non-availability of 10th class candidate, 9th class candidate will be considered and in the instant case though the petitioner has passed 10th class, the committee has considered 9th class candidate. The learned counsel appearing for the 4th respondent submits that pursuant to the notification issued by the 2nd respondent, the 4th respondent applied to the said post and after conducting interview, since the authorities found that she is suitable to the said post, she was given appointment. A perusal of the notification issued by the authorities also clearly reveal that the minimum qualification for the post of Anganwadi Worker is 10th class and only in their absence, 9th class candidate would be considered. The list of selected candidates produced by the learned Government Pleader clearly reveals that for the post in question, the Selection Committee has selected the candidate with lesser qualification even though fully qualified person is available. In the circumstances, the appointment of the 4th respondent as Anganwadi Worker of Chennarayanipalli Village, Yerraguntapalem Mandal, Prakasam District is set aside and respondents 1 to 3 are directed to consider the case of the petitioner for the said post. With the above direction, the writ petition is allowed. No costs. N.V.RAMANA,J DT.19.12.2008 Note: Furnish CC in one week (B/o) msv