THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NOs.28116, 28121 AND 28122 OF 2010 COMMON ORDER: W.P. No.28116 of 2010 is filed seeking to issue writ of mandamus declaring the action of the respondents in selecting the 6th respondent who is non local as Anganwadi Worker in respect of Nadimithanda, W.P.No.28121 of 2010 is filed declaring the action of the respondents in selecting 6th respondent who is non local as Anganwadi Worker in respect of Marri Narsaiahpalli village and W.P.No.28122 of 2010 is filed declaring the action of the respondents in selecting 6th respondent who is non local as Anganwadi Worker in respect of Magdumpuram-1 village at the instance of local MLA-5th respondent as illegal and contrary to G.O.Ms.No.21, dated 24-08-2007 r/w Government of Andhra Pradesh Instructions, dated 23-12-1998 and consequently direct the respondents to strictly follow the G.O.Ms.No.21 for selection and appointment of Anganwadi Worker out of the eligible applicants pursuant to the notification, dated 15-09-2010 issued by the 4th respondent and consequently appoint the petitioners as Anganwadi Workers of the said villages. 2. Brief facts that are necessary for disposal of the present writ petitions may be stated as follows: The 4th respondent has notified 29 Anganwadi Workers vacancies vide notification, dated 15-09-2010 including Nadimithanda, Marri Narsaiahpalli and Magdumpuram villages of Warangal District. Besides the applications of the petitioners, two more applications were received by the 4th respondent. Call letters were issued to them and they appeared along with their original certificates for interview held on 13-10-2010. 6th respondent also appeared for the same, who is non-local and not eligible and not qualified for selection. The petitioners are entitled to preferential treatment as per Government of A.P. instructions, dated 23-12-1998. Later, the petitioners came to know that the vacancies are being filled up not on the basis of merit eligibility and qualifications, but on the basis of illegal and extraneous consideration at the instance of 5th respondent, who is local MLA, belonging to Telugu Desam Party. It has come in the news paper that the 5th respondent instructed the local village TDP party units in which the vacancy is arising to recommend one of the competing TDP candidates who applied for the post who offered the highest bid amount and out of the said bid amount, the candidate who has withdrawn should be given the said amount after deducting some amount for the expenses of the leaders of the said party. Though the 6th respondent in all the writ petitions are not eligible and qualified on the ground of non-local, but they were selected and their names were sent for approval by the 1st respondent. On coming to know about the same, the petitioners made representation to the 1st respondent. Under the pressure of local MLA, approval of the 1st respondent is likely to be given to the said selection of 6th respondent and in such case, the petitioners would be put to irreparable loss and hardship. Hence, the writ petitions. 3. 4th respondent filed counter affidavit denying the averments in the writ petitions. It is stated that pursuant to the notification, the petitioners along with 6th respondent attended interview and they produced nativity certificates issued by the concerned Tahsildars. The allegation that at the instance of Local MLA, selection of 6th respondent was made, was denied and no such incident took place. This respondent has no knowledge about the auction took place for the post of Anganwadi Workers. On the representations of the petitioners, this respondent conducted enquiry. No procedural violation has taken place in conducting interview for the post of Anganwadi Workers. Hence, the 4th respondent prays to dismiss the writ petitions. 4. 6th respondent in W.P.28116 of 2010 filed separate counter affidavit denying the averments in the writ petition. It is stated that she secured more marks than the petitioner both in SSC and interview held by the selection committee. The Government issued orders in G.O.Ms.No.21, dated 24-08-2007 prescribing guidelines, Educational Qualifications and age limit etc., governing the appointment of Anganwadi Workers and Helpers. The essential condition is that one shall be a local married woman and completed 21 years of age and not completed 35 years of age as on 1st July of recruiting year and must be passed in X class. She is aged 23 years and local of Papaiahpet village and passed SSC by securing 342 marks, whereas the petitioner secured 341 marks only. The authorities followed the guidelines issued by the Government while selecting her for the post of Anganwadi Workers and the same is in accordance with law. Hence, she prays to dismiss the writ petition. 5. 6th respondent in W.P.28121 of 2010 filed separate counter affidavit denying the averments of the writ petition. She stated that she is a resident of Marri Narsaiahpalli village, hamlet village of Laknepalli Gram Panchayat. Her marriage was performed with one Anjaneyulu and they were blessed with one daughter. Her husband died on 12-02-1999 and after her husband’s death, her in-laws thrown her out of the house and she is residing with her parents. After the death of her husband with a view to eke out her livelihood, she appeared for SSC and passed the same in Second Division. She was issued identity card by Election Commissioner of India and after enquiry, the M.R.O. issued income certificate, which show that she is a local candidate. She was selected as per law and procedure and the writ petition is filed only to harass her. Hence, she prays to dismiss the writ petition. 6. Learned counsel appearing for the petitioners contended that the programme under which certain Anganwadi Workers notified, is a habitation programme and to attend to the urgent needs of pregnant women and children below six years of age, that only the persons prescribed the eligibility criteria in G.O.Ms.No.21 have to be applied, that after taking into consideration the object for which these schemes are introduced, the places where the posts were notified, the eligible persons of that place or area only are entitled to be considered, that one of the criteria for appointment is that she should be a daughter-in-law of that village, that in W.P.28121 of 2010, the unofficial 6th respondent is not daughter-in-law of that village and therefore, it is liable to be set aside, that insofar as W.P.No.28116 of 2010 is concerned, 6th respondent is not a local of Nadimithanda village. In W.P.No.28122 of 2010, 6th respondent was selected on the basis of illegal and extraneous considerations at the instance of local MLA-5th respondent. 7. On the other hand, learned Assistant Government Pleader appearing for the official respondents contended that in W.P.No.28121 of 2010, the petitioner produced nativity certificate of Marri Narsaiahpalli village, for which she was selected and therefore, there is no illegality in appointing her. 8. Learned counsel appearing for the 6th respondent in W.P.No.28116 of 2010 contended that the recruitment process is completely in accordance with the law and the procedure notified in the notification, that the notification for filling up of post is in respect of village, but not in respect of Thanda, that admittedly the petitioner is residing in the village, for which the post is notified for Thanda and her appointment cannot be cancelled and that mere impleading local MLA-5th respondent alleging that he might have influenced the selection committee members cannot be accepted in the absence of any factual foundation and hence, he prays to dismiss the writ petition. 9. 4th respondent herein issued notification, dated 15-09-2010 calling for the applications from the qualified persons for the post of Anganwadi Worker and Anganwadi Aaya in respect of notified places or areas come under the purview of villages. By virtue of the said notification, the petitioners in all the writ petitions and unofficial respondents (6th respondent) applied for the same. In all the writ petitions the unofficial respondents were selected for the areas notified in the notification. Insofar as W.P.No.28116 of 2010 is concerned, a specific plea has been taken that the unofficial respondent (6th respondent) is not a local of Nadimithanda, to which the post is notified. The 6th respondent specifically stated that she is a resident of Amruthanda, but not Nadimithanda of Papaihpet village. It is not in dispute that the petitioner is a resident of Nadimithanda, whereas 6th respondent is a resident of Amruthanda. It is also not in dispute that both Thandas are within the limits of village of Papaiahpet. If the contention of the learned counsel for the petitioner that only the persons living in Nadimithanda who are eligible and qualified alone to be applied is to be accepted, then certainly in the notification issued by the 4th respondent, the same would have been specifically mentioned. As seen from the notification, it is clear that the eligible persons in the village for the following notified places can apply. A village consists of several Thandas. No doubt, the object may be that Anganwadi Worker or Anganwadi Aaya may be available in the Thanda for urgent needs of pregnant woman and children below the age of 6 years, but at the same time if that object sought to be applied, certainly 4th respondent would have specified in the notification itself that the persons residing in the Thanda as mentioned in the notification are alone eligible for applying the post. 10. The appointment of Anganwadi Worker is guided by the directions issued by the Secretary to the Government in G.O.Ms.No.21, dated 24-08-2007. The guidelines issued for selection of those posts are stated, which reads thus: “1.The candidate should have completed 21 years of age and not completed 35 years of age as on 1st July of recruiting year (21-35 years age group) 2.The candidate should be a local married woman. 3.A candidate for the post of Anganwadi Worker must have passed class X. 4.However, if no 10th class passed candidate is available, a candidate with the next highest qualification may be selected. Only in tribal projects. 5. A candidate for the post of Anganwadi Helpers/Mini Anganwadi Worker must have passed class VII. If no such candidate is available a candidate with the next highest qualification may be considered. 6.In the Anganwadi Centre/Mini AWC earmarked for SC habitations, only SC candidate should be selected. 7. In the Anganwadi Centre/Mini AWC earmarked for ST habitations, only ST candidate should be selected.” One of the criteria for selection is that a candidate should be a local married woman. In pursuance of these guidelines, the notification was issued. The present notification would go to show that the eligible persons residing in the village are entitled to apply for the posts. If really the appointing authority is to appoint or select a person from a particular local area or place or Thanda, the same would have been notified in the notification. When the notification is very clear with regard to local area or village, the only requirement is the person from a local area of a village has to be selected. When the village consists of several Thandas, any person residing in any Thandas in respect of a village is eligible in terms of this notification because the word used in the notification is village, but post notified in relation to Thanda. The notification is not under challenge. 11. With regard to the second aspect that she should be the daughter-in-law of the village is concerned, learned counsel for the petitioners placed reliance on the circular issued by the Government, dated 01-02-2007 wherein it is stated that one of the qualifications is that she must be daughter-in-law of the village. That circular cannot override G.O.Ms.No.21, which has been issued so that appointing authorities have to necessarily follow the guidelines prescribed under G.O.Ms.No.21. 12. On the factual aspect is concerned, though it is stated by the learned counsel for the petitioner in W.P.28121 of 2010 that the 6th respondent is not a resident of Marri Narsaiahpalli village, but she married to a person of Gunturpally hamlet of Gadepalli village. 6th respondent specifically stated that her husband died on 12-02-1999 and her in- laws thrown her out of the house and she has been residing with her parents at Laknepalli village, which is the hamlet of Marri Narsaiahpalli village. The post is notified for Marri Narsaiahpalli village, which is the hamlet of Laknepalli Gram Panchayat. Therefore, all the persons living in the Thandas or areas within the revenue village of particular place or places are entitled to apply for the post. Since they are having requisite qualifications, their appointment need not be interfered with. 13. With regard to allegation against local MLA-5th respondent is concerned, the said allegation is not based upon personal knowledge or the information received from some other persons, but it is purely based upon a news item in paper publication. Prima facie any news item is published, it cannot be given credence and it cannot be read as prima facie evidence unless a person who reported the matter is examined or his affidavit is filed to show about the correctness and authenticity of the news item in the newspaper. Therefore, the allegation that under the influence of local MLA-5th respondent on extraneous consideration, the appointments of unofficial respondents were made cannot be accepted in the absence of specific prima facie acceptable pleading to that effect. No such acceptable pleading is available with regard to the role of local MLA-5th respondent in influencing the selection committee members. 14. For the foregoing reasons, the writ petitions are devoid of merits and are liable to be dismissed. 15. Accordingly, the Writ Petitions are dismissed. No order as to costs. _______________ K.C. BHANU, J DATED: 11-07-2011 Note: Issue CC in one week Hsd