IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No :16366 of 2009 Between: G.Hymavathi, Gantarao Camp Village, Tripuraram Mandal, Nalgonda District. ..... PETITIONER AND The District Collector/Chairman, Dist.Health & Family Welfare Society, Nalgonda and others. .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI Writ Petition No.16366 of 2009 ORDER: This writ petition is filed seeking a declaration that the appointment of the 4th respondent as Second ANM/MPHA (F) in respect of Appalammaguda Sub-Centre of Tripuraram PHC, Nalgonda District, as arbitrary and illegal. I have heard the learned Counsel for the petitioner as well as the learned Government Pleader appearing for the respondents 1 to 3 and perused the counter affidavit filed on their behalf. Despite notice, the 4th respondent did not choose to enter appearance. According to the petitioner, both the writ petitioner and 4th respondent are not the residents of Appalamguda Sub- Centre. However, the petitioner contends that as per Clause 3 of the guidelines issued under G.O.Rt.No.971, dated 25.7.2008, the respondent ought to have appointed the petitioner since she secured more marks than the 4th respondent. It is also claimed that since she is residing within Anjanpally Sub-Centre area, which is nearer to Applammaguda Sub-Centre, she is entitled to be given preference for appointment. These are all the disputed questions of fact which cannot be gone into and decided by this Court in exercise of the writ jurisdiction under Article 226 of the Constitution of India. Having considered an identical question, this Court disposed of W.P.No.23062 of 2008 by order dated 6.11.2009 directing the District Collector concerned to conduct an enquiry into the legality of the impugned selection and pass appropriate orders. Since the parties herein are also similarly situated, following the order passed in W.P.No.23602 of 2008, this writ petition is disposed of with a direction to the 1st respondent-District Collector, Nalgonda to hold an enquiry as to the correctness of the selection/appointment of the 4th respondent against the Second ANM post of A.P Sub- Centre of Tripuraram PHC, after giving an opportunity of hearing to both the petitioner and 4th respondent to make their representations and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of this order. There shall also be a direction to the 1st respondent to take steps in accordance with law to review the selection/appointment of the Second ANM for Sub-Center of Appalammaguda Village, within four weeks thereafter, in case, a finding is recorded in favour of the writ petitioner. No costs. _______________ Justice G.Rohini Date:09.12.2009 mrb