IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 24493 of 2005(N) ----------------------------------------- PETITIONER(S): ------------------------- 1. SHYLAJA. C., W/O. ASHOKAN, POOTHATTIL PARAMB, P.O. KOLATHARA,KOZHIKODE DISTRICT. 2. YESODA T., W/O. DIVAKARAN, THALAMPOZHITHARA HOUSE, P.O. KARUVANTHIRUTHY, FEROKE, KOZHIKODE DISTRICT. 3. PRASANNA A., W/O. ANANDAKRISHNAN, PUTHUKKUZHIPPADAM, P.O. FOROKE,KOZHIKODE DISTRICT. 4. RADHA. K., W/O. SOMAN, KEEZHAYIL HOUSE, P.O. FEROKE, KOZHIKODE DISTRICT. 5. BINDU N.M., W/O. MOHANDAS, AMAMKUNIVAYAL, KUNDAYITHODE, P.O. KOLATHARA, KOZHIKODE DISTRICT. 6. BABY. V., W/O. MOHANDASAN, KARTHARA HOUSE, B.C. ROAD, BEYPUR, KOZHIKODE DISTRICT. 7. PRAMEELA. V., W/O. PURUSHOTHAMAN, KOTHATTIL HOUSE, P.O. BEYPUR, KOZHIKODE DISTRICT. 8. RATHEEDEVI. A., D/O. KUNJOOLAN, ARIYKKAL, KARUVANTHIRUTHI, P.O. FEROKE, KOZHIKODE DISTRICT. 9. SANTHA V., D/O. KARIYATHAN, PATTENGATT HOUSE, P.O. FEROKE, KOZHIKODE DISTRICT. 10. MABITHA. K., W/O. SUDHEESH, MANOHAR NIVAS, PANANGATT PARAMB, ARAKKINAR, KOZHIKODE DISTRICT. Kss ..2/- ..2... WPC.NO.24493/2005 N 11. M. PUSHPALATHA, W/O. GANGADHARAN, PALATTIPADAM, P.O. KOLATHARA, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. THE INTEGRAL CHILD DEVELOPMENT OFFICER, KOZHIKODE RURAL, FEROKE, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. R2 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24493/2005 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXPERIENCE CERTIFICATE OF THE 1ST PETITIONER. P2: COPY OF THE NOTIFICATION INVITING APPLICATIONS FOR THE POST OF ANGANWADI HELPERS/WORKERS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24493 of 2005-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2011. JUDGMENT The petitioners herein are seeking for a direction to appoint them in the existing vacancy of Anganwadi Workers/Helpers in Cheruvannur- Nallalam, Beypore and Feroke Panchayats. 2. The petitioners were appointed for temporary periods during different spells. Initially they were included in the rank list for the year 2001-2003. Even though they were included in the rank list and there were sufficient vacancies, they were given only temporary appointments in certain vacancies. Ext.P2 is the notification inviting applications for the post of Anganwadi workers/helpers. The petitioners have submitted that the selection board consisted mainly of political leaders/nominees of political parties and therefore the selection will not be held properly. It is therefore contended that the attempt is to appoint unqualified persons . 3. The second respondent has filed a counter affidavit. It is pointed out that as far as Anganwadi Centres under Olavanna, Cheruvannur- Nallalam, Beypore, Feroke, Kadalundi and Ramanattukara Grama Panchayats are concerned, there are 257 sanctioned Anganwadi centres. A wpc 24493/2005 2 list was prepared in terms of the order dated 10.5.2000 which was valid for a period of three years from the date of approval. All the permanent vacancies of Anganwadi workers and helpers were filled up from the said rank lists. Since the said rank list expired on 9.5.2003 no further permanent appointment could be made. Accordingly, as a stop gap arrangement, the petitioners were engaged. It is pointed out that the same will not give them any right for regularization. Apart from that, only three petitioners, viz. petitioners 6, 7 and 10 were included in the select list prepared on the basis of order dated 10.5.2000. Steps were taken to conduct selection by the selection committee in terms of the guidelines issued by the Government. Evidently, therefore, the petitioners cannot contend for the position that they should have been regularized in service and no such appointment could have been made. Even though there was a select list, only three petitioners were included in the said list and after expiry of the said list, they were given temporary appointment. True that the petitioners have continued for some time, but that will not confer any right on them, since it was only a stop gap arrangement. 4. This writ petition was filed in 2005 and there was no interim order also. Therefore, the direction sought for in the writ petition to appoint the petitioners on regular basis, cannot be granted. Evidently, the fresh wpc 24493/2005 3 appointment would have already been made and the appointees are not parties in the writ petition. Hence, for all these reasons, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/