1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.4465/2008 Sau. Vaishali w/o Pradip Katgaye Vs. State of Maharashtra and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. Khedkar, Adv. holding for Adv. Gupte for the petitioner. Mr. Fulzele, A.G. P. for the State of Maharashtra. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 14th October, 2008. Heard learned counsel for the petitioner. The petitioner had undergone a training for Pre-Primary Teachers Certificate Course and had worked as Creche Assistant. By the order dated 1.11.2006 she came to be appointed as Anganwadi Sevika at village Kawadsi. However, respondent no.5, who was also one of the candidates for the said post, lodged a written complaint stating that the petitioner was not eligible for being appointed. This representation was considered by the Zilla Parishad, no order was passed and, therefore, respondent no.5 approached this Court in Writ Petition No.607/2007. By the order dated 19.11.2007 this Court while disposing off the petition directed the Chief Executive Officer, Zilla Parishad, Bhandara to hear the petitioner and pass appropriate orders. Consequently, the Chief Executive Officer, Zilla Parishad, Bhandara, heard the 2 present petitioner as well as respondent no.5 and passed the impugned order dated 14.8.2008, thereby terminated the tenure of the petitioner as Anganwadi Sevika. The impugned order notes that the petitioner as well as respondent no.5 had undergone the selection process in which the petitioner secured 68.33 as against 68 marks secured by respondent no.5. The petitioner being higher in merit was appointed as Anganwadi Sewika. However, on the complaint submitted by respondent no.5 an enquiry was conducted regarding the domicile of the petitioner. The Child Development Project Officer, Integrated Child Development Scheme Project, Bhandara conducted the said enquiry and as per the report submitted by him, the petitioner had stated before the Enquiry Officer that she was born at mouza Murmadi, Tahsil Lakhani and was married in the year 2003 and for some time she was staying at Rengepar and she claimed that after the death of her mother in August 2006 she came to reside at village Kawadsi along with her husband. So far as the respondent no.5 is concerned, she appeared before the Enquiry Officer and submitted all the documents including the Voters' lists for the years 2004 to 2007 for village Kawadsi and her name was found in each of these lists. The petitioner's name did not find place in these Voters' lists nor the petitioner submitted any other documentary evidence in support of her claim that she was the permanent resident of village Kawadsi. The Chief Executive Officer, therefore, discontinued the 3 petitioner and directed the respondent no.5 to be appointed as Anganwadi Sevika on honorary basis. We do not find any error in the order passed by the Chief Executive Officer, Zilla Parishad, Bhandara on 14.8.2008. Principles of natural justice have been duly followed. The order is based on the documentary evidence placed before the Chief Executive Officer during the course of hearing on the representation submitted by the respondent no.5. The said order is based on the Government Resolution dated 9.2.2005. It states that at the places where Anganwadis by the Central Government under the Integrated Child Development Scheme are started, appointments of Anganwadi Sevika/Balwadi teachers are required to be made on honorary basis. It further states that for the post of Anganwadi Sevika, the applicant should be resident of of the same village where the post was sought to be fulfilled. The learned counsel for the petitioner states that such a condition is unconstitutional and, therefore, the G.R. dated 9.2.2005 is ultra virus. In support of this contention, reliance has been placed on the decision in the case of Kailash Chand Sharma vs. State of Rajasthan and others : AIR 2002 SC 2877. In the case of Kailash Chand Sharma (supra) the appointment was to the post of Assistant Teacher in the Primary Schools run by a Zilla Parishad in the State of Rajasthan and the Supreme Court held that the condition of resident of a particular district could not be insisted upon and 4 such a condition of residence would be unconstitutional. We are not dealing with an appointment to the post of Primary Teacher or any post on regular establishment of the Zilla Parishad. The post of Anganwadi Sevika as per the scheme formulated by the Central Government and to be implemented by the State Government is purely an honorary post. It is not a regular appointment on the establishment of the Zilla Parishad at par with other employees. At the same time, Anganwadi Sevika is not a full-time employee and she is required to give few hours in a day to discharge her duties as Anganwadi Sevika. Starting of an Anganwadi at a particular village is aimed at providing child welfare facility for that village and if the scheme insists that the appointee should be the resident of the village concerned, we do not find any error or illegality in such a provision. The law laid down by the Apex Court in Kailash Chand Sharma (supra) is not applicable when it comes to the appointment of Anganwadi Sevika or Anganwadi Helper which are purely honorary posts under the Integrated Child Development Services. Hence, this petition fails at the thresh-hold and the same is rejected summarily. JUDGE JUDGE Ambulkar.