IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7289 of 2007 Between: D.Nagaratnamma, w/o Edukondalu, D.N.Pally, Muddanur Mandal, Kadapa District. ..... PETITIONER AND 1 State of Andhra Pradesh represented by its Secretary, Ministry of Women and Child Welfare, Hyderabad. 2 The District Collector, kadapa District, Kadapa. 3 The District Project Director, Integrated Child Development Scheme, Zilla Parishad Office, Kadapa. 4 the Child Development Project Officer, Office of the ICDS Project, 4 Roads Junction, Muddanur, Kadapa Dist. .....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 of mandamus or any other appropriate writ or order or direction directing the respondents to consider the petitioner for the post of Anganwadi Worker and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.KATAKAMSUNEEL BABU Counsel for the Respondent No.: GP FOR WOMEN DEV. & CHILD WELFARE The Court made the following : ORDER The petitioner was appointed as Helper in Muddanur Anganwadi Centre-1. On 1.12.1997 she claims to have passed 10th Class in the year 2002. A notification came to be issued calling for applications for the post of Anganwadi Worker and Helper for the centers to be established at Muddanur Circle namely Muddanur SC Centre-1, Muddanur SC Centre-2, Yamavaram SC Centre, Yadavapuram, Kondapuram SC Centre, T.Koduru SC Centre, Dommaranandyala SC Centre and Tanda ST Centre. She made an application to the Child Development Project Officer, Office of the ICDS Project, Muddanur, Kadapa District-4th respondent for the post of Anganwadi Worker. She attended the interview on 25.2.2006. It appears that the selection has not been finalized pursuant to the notification issued earlier. Therefore, fresh notification has been issued on 23.12.2006. The petitioner attended the interview held on 19.1.2007. Apprehending that she may not be selected for the post she applied for, approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. The prayer sought for in the writ petition reads as hereunder: “For the reasons stated in the accompanying affidavit, it is prayed that the Hon’ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ or order or direction directing the respondents to consider the petitioner for the post of Anganwadi Worker and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case.” Rule Nisi came to be issued on 10.4.2007 and an interim order came to be passed on the even date directing the respondents not to make appointments, until further orders vide WPMP No.9294 of 2007. 3rd respondent filed counter-affidavit. Smt S.Jebeda has sworn to the counter-affidavit. It is stated in the counter-affidavit that the post of Anganwadi worker of Muddanur center is reserved for SC community and whereas the petitioner belongs to BC Community and therefore, she is not eligible to be appointed as Anganwadi Worker, Muddanur Centre-1. Heard the learned counsel appearing for the parties. Learned counsel appearing for the petitioner submits that 4th respondent having called the petitioner for interview cannot be permitted to contend that the vacancy Anganwadi Worker of Muddanur Centre is reserved for SC category. A further submission has been made that the petitioner possess all the requisite qualifications to hold the post of Anganwadi Worker and therefore, she has to be appointed particularly keeping in view of the past experience of the Anganwadi Helper. Learned Government Pleader for Women and Child Welfare appearing for the respondent Nos.1,3 and 4 submits that Anganwadi Worker of Muddanur Centre-1 is reserved for SC Category and therefore, the petitioner cannot be considered for the said vacancy. Indisputably, the post of Anganwadi Worker of Muddanur Centre is reserved for SC Category. The petitioner does not belong to SC Category. She belongs to BC community in which case she cannot be considered for the post of Anganwadi Worker Muddanur which is exclusively meant for SC Category. Therefore, the relief sought for by the petitioner cannot be granted. Accordingly, the writ petition fails and is, accordingly, dismissed. ___________ 12-03-2009 rkk