IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11140 of 2010 1. MANJU DEVI W/O SRI KISHOR PRASAD GUPTA R/O VILL. & P.O.- DAPARKHA, P.S.- TRIVENIGANJ, DISTT.- SUPAUL, PRESENTLY WORKING AS AGANWADI SEVIKA, CENTRE CODE 64, PANCHAYAT DAPARKHA, P.S.- TRIVENIGANJ, DISTT.- SUPAUL 2. KAUSHALYA KUMARI W/O SRI SHASHI BHUSHAN YADAV R/O VILL.- MACHHA, P.O.- KUSHA, P.S.- TRIVENIGANJ, DISTT.- SUPAUL, PRESENTLY WORKING AS AGANBADI SEVIKA, CENTRE CODE- 58, PANCHAYAT KUSHA, P.S.- TRIVENIGANJ, DISTT.- SUPAUL 3. MIRA DEVI W/O SRI BINDESHWAR PRASAD YADAV R/O VILL.- MACHHA, P.O.- KUSHA, P.S.- TRIVENIGANJ, DISTT.- SUPAUL, PRESENTLY WORKING AS ANGANWADI SEVIKA, CENTRE CODE 60, PANCHAYAT KUSHA, P.S.- TRIVENIGANJ, DISTT.- SUPAUL Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, OLD SECRETARIAT, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE DIRECTOR, I.C.D.S. DEPARTMENT OF SOCIAL WELFARE, INDIRA BHAWAN, NEAR PANT BHAWAN, BAILEY ROAD, PATNA 4. THE DISTRICT MAGISTRATE, SUPAUL, DISTT.- SUPAUL 5. THE DISTRICT PROGRAMME OFFICER, SUPAUL, DISTT.- SUPAUL 6. THE C.D.P.O. TRIVENIGANJ, DISTT.- TRIVENIGANJ with CWJC No.11150 of 2010 1. POONAM SINHA W/O LATE RAMAN PRASAD SRIVASTAWA R/O MOHALLA- GAURAKSHINI, P.O.- SASARAM, P.S.- SASARAM (MODEL), DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, WELFARE DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, ROHTAS ----------- For the petitioners:- Mr. Nikesh Kumar & Mr. Siddharth Harsh,Advs. For the State;- Mr. Lalit Kishore, AAG-III 2 20.7.2010 Petitioners in both the writ applications are 2 working as Anganbari Sevikas at their respective Centers. They have crossed 45 years of age. The writ applications have been filed for following reliefs:- (i) For issuance of an appropriate writ/direction to the respondent authorities preferably in the nature of mandamus directing them to accept the applications of the petitioners for the post of Lady Supervisor, against the quota of 25% ( which is to be filled only from Anganbari Sevikas), in view of Government resolution vide memo no. 1846 dated 10.6.2010 by giving upper age relaxation and consequently consider their claim or by counting the upper age as on 1.1.2008 and not on 1.1.2010, since the scheme for giving 3 promotion was published by the Government of Bihar vide memo no. 1221 dated 1.4.2008 and its financial approval was also given by the Financial department in 2008 itself vide memo no. 03 dated 27.6.2008. (ii) For issuance of an appropriate writ, preferably writ of certiorari by quashing that clause of the resolution vide memo no. 1846 dated 10.6.2010 (as contained in Annexure-3) whereby the State Government has directed to calculate the maximum age of 45 years as on 1.1.2010 in place of 1.1.2008 as resolved earlier by the State Government by the resolution vide memo no. 1221 dated 1.4.2008. 4 (iii) For issuance of an appropriate direction to the respondent authorities to give upper age relaxation as far as the petitioners are concerned, as they are working since 1987 and 1988 on the post of Anganbari Sevika and for the first time the State of Bihar has launched a scheme for their promotion on contract basis on the post of supervisors, (iv) For issuance of an appropriate direction to the respondent authorities to give weightage to such Anganwari Sevikas who had completed the Government Training Programme on number of occasions specially organized for Anganwari Sevikas. (v) For quashing of the advertisement 5 dated 4.7.2010 published in 'Hindustan Daily' for the appointment of Female Supervisors on the basis of letter no. 1846 dated 10.6.2010 issued by the Principal Secretary, Social Welfare Department, Bihar. The Social Welfare Department, Government of Bihar, came out with a resolution vide memo no. 1221 dated 1.4.2008 for appointment of Women Supervisors, on contract basis, against the vacant posts, under the policy of centralized Child Development Project. In Bihar, under 537 Child Development Projects, total sanctioned posts of females supervisors are 3,294. Out of which 471 female supervisors are already working on regular basis and rest 2,823 vacant posts were to be filled. The State Government has taken a policy 6 decision that posts on which female supervisos are already working on regular basis, will also be filled in future, on contract, when vacancy against those posts will be created on account of death or the retirements of such female supervisors. A resolution dated 1.4.2008, vide memo No. 1221 was taken by the Social Welfare Department, Government of Bihar for filling 2,823 posts of female supervisors on contract basis. As per the resolution, applications through advertisement were to be invited, from eligible candidates. Appointment against total vacancies were to be made through two sources, 75% of the total posts were to be filled through open market and 25% from Anganbari Sevikas. Two different educational eligibility criteria and age were fixed for applicants of two categories. 7 Common and general criteria for both category of candidate is, (i) only females can be applicant (ii) Applicant must be citizen of India (iii) Applicant must be resident of the concerned work area, and for that residential certificate issued by SDO will be essential. Minimum age limit for general candidates was 21 years on Ist January of selection year and maximum age limit as provided by Personnel and Administrative Reforms Department for any Government job. Minimum educational qualification for general candidates were graduation but candidates with 45% in Post graduate in 8 subject mentioned in guide line are entitled for bonus marks. For Anganbari Sevika candidates minimum educational qualification is matriculation or equivalent degree. Ten years experience on first January of selection year and maximum age limit on first January of selection year, 45 years. Petitioners are aggrieved on account of fixation of maximum age limit as 45 years on first January of selection year. Since, advertisement inviting application has been published on 4.7.2010, as such maximum age limit of applicant i.e. Anganbari Sevika, should not be more than 45 years, on first January, 2010, i.e. selection year. Counsel for the petitioners submits that Petitioners, who are working as Anganbari Sevikas since 1987 and 1998 are 9 aggrieved on account of the maximum age limit being provided under the guidelines as 45 years, on first January of selection year. Their case is that since, the minimum age for selection on the post of Anganbari Sevika is 18 years and maximum age 40 years, persons like petitioners, who have been working for more than ten years and have crossed the maximum age limit of 45 years, on first January of selection year i.e., 2010, are going to be deprived of the opportunity of appointment on the post of Lady Supervisors. Ten years experience has been made a requisite criteria for being appointed on the post of Supervisors for Anganbari Sevika, as such any female, who would have been appointed as Anganbari Sevika at the age of 35 years or more, will cross maximum age limit of 45 years, as ten years experience is mandatory criteria 10 for applying for the post. The maximum age limit for Anganbari Sevika is 40 years; as such it would have been reasonable for providing maximum age limit 50 years considering that ten years' experience is also required for the post. Counsel for the petitioners submits that on account of the fixation of maximum age limit as 45 years, several Anganbari Sevika (Petitioners) are going to be deprived of this opportunity for working on the promotional posts like female Supervisors. Since this opportunity has been provided for the first time in their service career, they all have legitimate expectations of being appointed on the promotional posts but on account of arbitrary fixation of upper age limit they will not be able to apply for the posts. Prayer of the petitioners is two folds:- ( i) Either 11 upper age limit be relaxed and extended from 45 years to 50 years or the date on which an applicant must complete 45 years of age should be reverted back to 1.1.2008, instead first January of selection year, in the present case 1.1.2010. In case it is reverted back to 1.1.2008 i.e. the year in which resolution and the guidelines was approved by the State Government and the posts were also sanctioned by the Finance Department, the petitioners will be eligible for applying for the posts. Counsel for the petitioners have further submitted that intention behind reserving 25% of the total vacancies for Anganbari Sevikas, is that the State Government intended to utilize the experience of Aanganbari Sevikas in this field. On account of fixing of upper age limit at 45, only such Anganbari Sevikas, who 12 were appointed in between the age of 18 to 35 years, can have 10 years' experience before crossing the age of 45 years. Anganbari Sevikas, who have been appointed beyond 35 years of age, will not be eligible for applying for the posts, since they are unable to fulfill two criteria simultaneously i.e., 10 years experience and maximum age limit of 45 years. It has also been submitted that since the State Government has given relaxation in appointment to Anganbari Sevika so far educational qualification and experience is concerned, then upper age limit ought to have been fixed at the age of 50, in view of the fact that upper age limit for appointment as Anganbari Sevikas is 40 years and the ten years experience for the posts of Supervisor has also been mandatory for Anganbari Sevikas, in order to appoint on the post. 13 Mr. Lalit Kishore, Additional Advocate General No.III was requested to assist the Court, since the issue raised seemed to be of wider implication. Additional Advocate General No.III has submitted that maximum possible relaxation has already been allowed through the guidelines. As per the resolution of the Government, 25% posts have been reserved for Anganbari Sevikas. The maximum age limit has been fixed at 45 years, and that has reasonable nexus with the other criteria mentioned in the guideline, that applicant must be mentally and physically fit, in order to discharge their duties efficiently. In case the upper age limit is fixed at 50 years, such candidates being nearer to the age of superannuation, may not prove themselves useful for challenging nature of the work, they are appointed. The minimum age for being selected for the posts 14 of Anganbari Sevika is 18 years and maximum age is 40 years. There is a very wide gap in between the minimum and maximum age limit for being selected for the post of Anganbari Sevika. Any female, who has been selected for the post, even at 35 years of age, can apply for the posts of Female Supervisors with ten years experience. It has further been contended by the State Counsel that the fixing of eligibility criteria is the prerogative of the employer i.e. State Government, in the present case. Whenever any criteria is fixed for selection/appointment on any posts, it is quite possible that eligibility criteria may not suit one or other. Some persons may be deprived on account of the criteria fixed by the employer. These matters relate to policy decision of the Government and cannot be 15 questioned, since policy making is the exclusive field of State and the Government. Such decisions are primarily taken in the larger interest. The resolution has been taken by the Department, as per the policy decision of the Government and unless it is arbitrary or violative of the constitutional provisions, Courts should refrain in interferes with such matters. Classification made by the State Government is not unreasonable, rather considering all aspects, which also includes mental and physical fitness of the candidates, such classification has been made. The eligibility criterion, not being violative of Articles 14 and 16 of the Constitution of India, there is no scope for interference by this Court. On consideration of the submissions made by the parties, I find that the maximum age limit being fixed at 45 is quite 16 reasonable, considering the duties attached to the posts of female supervisors. Otherwise also maximum relaxation has been allowed to Anganbari Sevikas for being appointed against 25% reserved vacancies. They have been given relaxation in age, educational qualification, experience and also by giving reservation of 25% posts to be filled by Anganbari Sevika. So far prayer of petitioners relating for fixing the appointed date for attaining maximum age of 45 years, as 1.1.2008 instead of first January of selection year is concerned, is most unreasonable prayer. In the guideline, it is first January of the selection year. Since the selection year is 2010 an applicants' eligibility relating to age can be determined, on the basis of her age on 1.1.2010. There is no rational in reverting it back to 1.1.2008, as that is not 17 the selection year. For the reasons stated above, I do not find that the maximum age limit, fixed by the respondent authorities for Aganbari Sevikas for applying for 25% reserved posts of female supervisors, is not unreasonable or arbitrary. There is no scope for interference in the matter; as such both the writ applications are dismissed. (Mridula Mishra,J.) A.Kumar