1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD) No.1543 of 2011 and M.P(MD) No.2 of 2011 B.Vetreeswari ... Petitioner Versus 1. The District Collector, Theni District, Theni. 2. The Commissioner, Panchayat Union, Theni. 3. The Project Officer, Integrated Child Development Scheme, Office of the Child Development Scheme, Annanji Vilakku, Periakulam Road, Theni Rural, Theni District. 4. R.Malliga ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings made in No.Pa.Mu.Ka.No.2212/A1/2009 dated 16.12.2010 on the file of the first respondent and quash the same and also directing the third respondent to appoint petitioner to the said post. For Petitioner : Mr.V.Kannan For RR 1 to 3 : Mr.K.P.Krishnadoss Government Advocate For R – 4 : Mr.R.Ramasamy O R D E R The petitioner has come up with the above Writ Petition, challenging the appointment of the fourth respondent as Anganwadi worker. 2. Heard Mr.V.Kannan, learned Counsel for the petitioner and Mr.R.Ramasamy, learned Counsel for the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The third respondent invited the petitioner and the fourth respondent for selection to the post of Anganwadi worker in Ayyanarpuram Village, held on 09.04.2010. But the selection was postponed to 09.10.2010. Ultimately the fourth respondent was selected. Challenging her selection on the ground that she is older to the fourth respondent and that the fourth respondent does not satisfy the criteria prescribed by the Government Orders, the petitioner is before this Court. 4. Insofar as the qualifications of the petitioner and the fourth respondent are concerned, the following tabulation will make the details very clear:- t. vz; bgah; taJ fy;tpj; jFjp $hjp nUg;gplk; 1) jpUkjp.gp.btw;wP!;thp f/bg.G.P.ghyd; 31 +2 Bjh;r;rp gs;sh; ma;adhh;g[uk; 2) jpUkjp.Mh;. ky;ypfh \f/bg.uhkh; 22 +2 Bjh;r;rp gs;sh; gs;sg;gl;o 5. According to the petitioner she is a resident of Ayyanarpuram Village itself. But the fourth respondent is a resident of Pallapatty Village. It is located beyond 3-1/2 kilometers from the Anganwadi centre. By G.O.Ms.No.135, Social Welfare and Noon-meal Programme Department dated 17.06.2005, the Government ordered the creation of the posts of the Noon-meal Organisers, cooks and Noon-meal Assistants. By G.O.Ms.No.203 of the same Department dated 19.08.2005, the Government issued instructions regarding requirement of persons to be appointed to the post of Anganwadi workers. The instructions of the Government read as follows:- “m) ve;j rj;Jzt[ kw;Wk; mA;fd;tho ikaA;fspy; fhyp gzpaplk; cs;sBjh mBj Ff;fpuhkj;jpy; (Hamlets) trpf;Fk; jFjpahd egh;fis gzpepakdk; bra;aBtz;Lk;. M) jFjpahd egh;fs; fpilf;fhj gl;rj;jpy; mBj fpuhk Cuhl;rpiar; (Panchayat) Brh;e;j mUfhikapYs;s gpw Ff;fpuhkA;fspypUe;J (Hamlet) jFjpahd egh;fis Bjh;t[ bra;aBtz;Lk;. mt;thWk; jFjpahd egh;fs; fpilf;fhj gl;rj;jpy; mt;t {uhl;rpia xl;oa[s;s 10 fp.kPf;F kpfhky; cs;s Cuhl;rpfspypUe;J jFjpahd egh;fis Bjh;t [ bra;aBtz;Lk;. n) efuhl;rp / khefuhl;rpiag; bghUj;jkl;oy; fhypg;gzpaplk; cs;s mBj thh;oy; (Ward) jFjpahd egh;fisf;bfhz;Lk; mt;thwhf fpilf;fhj gl;rj;jpy; mUfhikapYs;s thh;oy; (Ward) nUe;Jk;, mt;thW ny;iybadpy;, me;j Bfhl;lj;jpypUe;J (Division) Bjh;t [ bra;aBtz;Lk;.” https://hcservices.ecourts.gov.in/hcservices/ 3 6. The petitioner satisfies the first condition. When she was available, the appointment of the fourth respondent, who is a resident of a village 3-1/2 kilometers away and who is also younger in age with more opportunities in future, is not proper. Therefore, the Writ Petition is allowed, the impugned order is set aside and the third respondent is directed to pass fresh orders taking into account the guidelines of the Government, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Theni District, Theni. 2. The Commissioner, Panchayat Union, Theni. 3. The Project Officer, Integrated Child Development Scheme, Office of the Child Development Scheme, Annanji Vilakku, Periakulam Road, Theni Rural, Theni District. +1 CC to Mr.V.Kannan, Advocate (SR.No.42643) W.P(MD)No.1543 of 2011 01.12.2011 ps NSV/9.12.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/