1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR WP(MD)No.7953 of 2011 and MP(MD)Nos.1 and 2 of 2011 K.Valli :Petitioner -Vs- 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Project Officer,The District Project Office,Sivagangai. 3.The Area Project Officer, Integrated Child Development Project, Illayangudi Area, Illayangudi, Sivagangai District. :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records in pursuance of the order passed by the first respondent in Se.Mu.Na.Ka.No.5555/A1/2008, dated 31.12.2009 and quash the same and direct the respondents to place the petitioner as Anganwadi (Noon Meal) worker at Pethanenthal Mini Anganvadi Centre, Illayangudi Taluk, Sivagangai District as per the first respondent's appointment order in Se.Mu.Na.Ka.No.5555/A1/2008, dated 21.11.2009, within the stipulated period. For Petitioner : Mr.A.Haja Mohideen For Respondents: Mr.S.Chandrasekar,Government Advocate ORDER Perusal of the impugned order shows that earlier, as per the Government Order issued in G.O.Ms.No.186, Social Welfare and Nutritious Meal Programme Department, dated 04.10.2007, the petitioner was provided with an order of appointment as Anganwadi Worker for the Pethanenthal Mini Anganvadi Centre, Illayangudi Taluk, Sivagangai District. Subsequently, complaint seemed to have been received stating that the petitioner had produced a bogus educational certificate for securing employment and committed fraud. On enquiry, it has been found that the petitioner did not pass in 10th standard Finding that the petitioner did not satisfy the educational qualification of a pass in 10th standard, as prescribed in the above said Government Order, the order appointing her to the post of Anganwadi Worker has been cancelled vide orders in Se.Mu.Na.Ka.No.5555/A1/2008, dated 31.12.2009 by the District Project Officer, District Project Office, Sivagangai, the second respondent herein. 2.When the learned counsel appearing for the petitioner was confronted with a query as to whether the petitioner possessed a pass in SSLC on the date when the post of Anganwadi Worker in Pethanenthal Mini Anganvadi Centre, Illayangudi Taluk, Sivagangai District was notified, he has categorically admitted that the petitioner did not possess the educational qualification of a pass in 10th standard, as required in G.O.Ms.No.186, Social Welfare and Nutritious Meal Programme Department, dated 04.10.2007, on the date of notification. His submission is placed on record. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Perusal of the material on record shows that the order of appointment dated 21.11.2009 issued to the petitioner was only provisional subject to verification of the documents and that the said appointment is liable to be cancelled lateron. It is well settled that a candidate, who has applied for a civil post, has to satisfy the eligibility criteria, as prescribed under the statutory rules or regulations, if any, issued by the Government on the date of issuance of the notification. In the case on hand, the petitioner is lacking in educational qualification. In such circumstances, there is no manifest illegality in cancelling the petitioner's appointment. It is also to be noted that the petitioner has submitted a false educational qualification certificate and made an attempt to defraud the Government to gain employment. As the jurisdiction conferred under Article 226 of the Constitution of India is an equitable jurisdiction, the petitioner, who did not possess the educational qualification as required, on the date of notification, is not entitled to equity and hence, there are no merits in the Writ Petition warranting interference by this Court. Hence, the Writ Petition is dismissed. Consequently, the connected Miscellaneous Petitions are also dismissed. No costs. Sd/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Project Officer, The District Project Office, Sivagangai. 3.The Area Project Officer, Integrated Child Development Project, Illayangudi Area, Illayangudi, Sivagangai District. +1CC to Mr.A.Hajamohideen, Advocate. SR.No.23577. +1CC to The Special Government Pleader. SR.No.23556. SML RP/20.07.2011/2P/6C. ORDER MADE IN WP(MD)No.7953 of 2011 and MP(MD)Nos.1 and 2 of 2011 18.07.2011 https://hcservices.ecourts.gov.in/hcservices/