CW 1358/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1358/2010 Smt. Anita Sharma & Ors. Versus State of Raj. DATE OF ORDER : 01/02/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Ms. Pradeep Lata Mathur, for petitioners *** Counsel submits that petitioners are presently working as Anganwadi Worker for more than a decade submitted their application in pursuance of advertisement dt.18th August, 2008 for their participation in the selection process to be held for the post of Supervisor. Counsel submits that once the petitioners are serving as Anganwadi Worker, they are entitled to get preference while selections are to be made by the respondents in pursuance of advertisement dt.18th August, 2008. Post of Supervisor is included in the Schedule appended to Rajasthan Woman and Child Development [State and Subordinate] Service Rules, 1998, which is to be filled 100% by direct recruitment out of which 75% by open market and 25% from Anganwadi Workers. The extract of Schedule-II relevant for the present purpose, is reproduced as under: CW 1358/2010 [2] Supervisor 100% [75% from open market candidates and 25% from Anganwadi Workers] - For open Market Candidates- Degree of University established by law in India. For Anganwadi workers- Matriculate/Secondary of a recognized Board or Higher Secondary under old scheme of a recognized Board & must have completed 10 years as Anganwadi Worker. Procedure for direct recruitment has also been provided under Part IV where final selections are to be made after scrutiny of applications on the basis of interview as contemplated U/r.23 of the Scheme of Rules. It does not contemplate to give any preference to Anganwadi Workers against 75% vacancies which are to be filled from open market. Respondents in the instant case issued advertisement dt.18th August, 2008 to fill the vacancies from open market candidates and 25% which are reserved for Anganwadi Workers, has not been advertised. If vacancy reserved for Anganwadi Workers is advertised by the respondents, the petitioners certainly have a consideration against 25% vacancies as well, but so far as present advertisement is concerned, vacancies are to be filled from open market candidates and those who are eligible holding the degree of University established by law in India will be considered by the respondents in terms of CW 1358/2010 [3] procedure provided under Chapter IV of the Rules, 1998 and as already referred to supra, it does not postulate to grant any preference to Anganwadi Workers while filling vacancies from open market. Anganwadi Workers working for more than a decade challenged the conditions of advertisement on various other grounds before Main Seat at Jodhpur in CWP No.897/2010 [Durga Patel Vs. State & Anr.] along with 5 other connected matters assailing advertisement dt.18th August, 2008, which has been dismissed by a detail order on 28th January, 2010. Submission made by Counsel is without merit and taking note of judgment referred to supra, this Court find no substance in the instant petition, the same is, accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA1358CW2010 1-2.doc