IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4937 of 2007 Between: S. Neeraja W/o S. Thimma Reddy, r/o M. Kothapalli (V) Mallepalli (H/o) Gorantla Gorantla (Mandalam), Anantapur District. ..... PETITIONER AND 1. The Special Secretary to the Government, Women Development, Chidl Werlfar eand Disabled Welfare (ICDS), Department, Secretarit, Hyderabad. 2. The District Collector./Chairman, District Level Selection Committee, Anantapur. 3. Project Director, District Women & Child Development Agency, Anantapur. 4. A. kamalamma W/o A Venkatesulu Mallepalli(VIllage) Gorantla (Mandalam), Anantapur 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 appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in not appointing the petitioner tothe post of Anganwadi Worker of M. Kothapalli Village, Gorantla Mandal, Anantapur District while appointing the 4th Respondent through impugned proceedings No. 1652/A/06 dt 30-1-2007 as illegal, arbitrary, discriminatory, violative of Principles of natural Justice and also against the norms of the notification issued by the 2nd and 3rd respondents dt 16-02-2006, and violative of the Articles 14, 16 and 21 of the Constitution of India and the same may be set-aside and consequently direct the 2nd and 3rd Respondents to appoint the petitioner as a Anganwadi Worker in M,. Kothapalli Village, Gorantla Mandal, Anantapur District and pass such other order or orders as this Honorable Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.J.SREENIVASULU Counsel for the Respondent No.: GP FOR WOMEN DEV. & CHILD WELFARE The Court made the following order: THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.4937 of 2007 ORDER: This writ petition has been instituted questioning the action of respondents 2 and 3 in selecting and appointing the 4th respondent as Anganwadi Worker for the Anganwadi Center at M. Kothapalli Village, Gorantla Mandal, in I.C.D.S., Project at Hindupur, Anantapur District, through Proceedings dated 30-01-2007. The case of the petitioner is that she is a resident of M. Kothapalli Village, where the Anganwadi Center is situated, whereas the 4th respondent is said to be not a resident of the said M. Kothapalli Village, but she is a resident of Mallepalli Village, Gorantla Mandal, Anantapur District, which is 5 kilometers away from M. Kothapalli and hence, the 4th respondent should not have been selected as Anganwadi Worker. It is pointed that in the notification issued by the respondents, apart from possessing the necessary requisite qualifications, the candidate should be a local resident woman for becoming eligible for consideration for appointment as Anganwadi Worker. It is not in dispute that M. Kothapalli Village is a hamlet of Mallepalli. Until and unless a Gram Panchayat is constituted, the hamlets are also liable to be treated and construed as forming part of the main village itself. The 4th respondent is said to have passed X class and when once she is a resident of the same village, she cannot suffer any disqualification for being considered for appointment as such. For the foregoing reasons, I do not find any merit in the writ petition, hence, the same is dismissed. No costs. -------------------------------- Nooty Ramamohana Rao, J mrk 10th June 2009 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{TRT}