IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No. 16949 of 2007 Between: Thammineni Sailamma W/o.Ramaiah R/o.Balajiraopeta, Kaluvoi Mandal, Nellore District. ..... PETITIONER AND 1 The Government of A.P., rep. by its Principal Secretary, Women Development Child Welfare & Disabled Welfare (ICDS) Department, Secretariat, Hyderabad. 2 The District Collector, Nellore, Nellore District. 3 The Revenue Divisional Officer, Nellore, Nellore District. 4 The Project Director, District Women & Children Development Agency (ICDS) Nellore, Nellore District. 5 The Child Development Project Officer, ICDS Project, Podalakur, Nellore District. 6 P.Sowjanya W/o.Penchala Subbaiah Balajiraopeta, Kaluvai Mandal, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings No.260/A1/2006, dt. 4.1.2007 of the 4th respondent, appointing the 6th respondent as Anganwadi Worker of Balajiraopeta, Kaluvai Mandal, Nellore District as arbitrary, illegal, without jurisdiction and in violation of the guidelines and consequently set aside the same and pass such other order or orders in the interest of justice. Counsel for the Petitioner: MR.CH.C. KRISHNA REDDY Counsel for the Respondent Nos.1 to 5: GP FOR WOMEN DEV. & CHILD WELFARE Counsel for the Respondent No.6: Mr A. Venkateswarlu The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.16949 OF 2007 ORDER: This writ petition is filed challenging the appointment of the 6th respondent as Anganwadi Worker of Balajiraopeta village, Kaluvai Mandal of Nellore District, vide proceedings of the 4th respondent bearing No.260/A1/2006 dated 04.01.2007. It appears, pursuant to a notification, the petitioner as well as the 6th respondent, along with others, applied for the post of Anganwadi Worker of Balajiraopeta Village, Kaluvai Mandal of Nellore District and were interviewed on 17.12.2006 by the authorities. As per the notification, for appointment to the said post, the individual must be the daughter-in-law and resident of that particular village i.e. Balajiraopeta village. While so, the grievance of the petitioner is that she is the daughter-in-law and resident of Balajiraopeta village, whereas the 6th respondent is not the resident of Balajiraopeta village and she resides in Podalakur village. Therefore, the 6th respondent is not at all eligible for being appointed to the post of Anganwadi Worker of Balajiraopeta village. But, the 4th respondent – Project Director, District Women & Child Development Agency, (ICDS), Nellore District, ignoring the same, issued the impugned proceedings, dated 04.01.2007, appointing the 6th respondent as Anganwadi Worker of Balajiraopeta village, which is arbitrary and illegal. In support of her contention that the 6th respondent is not the resident of Balajiraopeta village, the petitioner relied upon a certificate viz. Certificate of Residence issued by the Panchayat Secretary, Podalakur Gram Panchayat, certifying that the 6th respondent has resided in Podalakur village for more than five years i.e. from 2001 to 2006. A detailed counter-affidavit has been filed by the 4th respondent denying the allegations made by the petitioner and it was further asserted that the 6th respondent is native of Balajiraopeta village of Kaluvai Mandal and to that effect a certificate was issued by the Tahsildar of Kaluvai Mandal and the 6th respondent has also produced ration card and voters list to show that she is the resident of Balajiraopeta village. The aforementioned averments made in the counter-affidavit of the 4th respondent were not denied by the petitioner by filing any reply affidavit. There is no evidence either to show that the certificate stated to have been issued by the Tahsildar of Kaluvai Mandal is not genuine or the petitioner made any objections as to the issuance of such certificate by the Tahsildar. In view of the above, I am of the opinion that this Court cannot interfere with the appointment of the 6th respondent as Anganwadi Worker of Balajiraopet Village, Kaluvai Mandal of Nellore District, under Article 226 of the Constitution of India. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _________________ JUSTICE C.V. RAMULU 20th February, 2008. IBL To 1. Two CCS to 2. Two CD Copies