IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.1981 of 2009 Between: V. Maheswari W/o. Narasimha 2nd ANM/MPHA (F) Vallala Sub Centre Shaligouraram PHC, Nalgonda District. ..... PETITIONER AND 1 The District Collector/Chairman Dist. Health & Family Welfare Society Nalgonda District, Nalgonda. 2 The Dist. Medical & Health Officer/ Health Secretary, Nalgonda District, Nalgonda. 3 The Medical Officer,Shaligouraram PHC (Primary Health Centre) Nalgonda 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 to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent herein in issuing the impugned Rc No.3239/E5/08 dt. 12-1- 2009 as illegal, arbitrary and consequently this Hon'ble Court may pleased to set a side the same impugned order dt. 12-1-2009 issued by the 2nd respondent and grant such other relief or relief Counsel for the Petitioner:MR.M.R.TAGORE Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.1981 of 2009 ORDER: Heard Sri C. Venkat Yadav, learned standing counsel for the respondents. This Writ Petition has been filed questioning the correctness of the orders passed on 12-01-2009 by the District Medical and Health Officer, Nalgonda canceling the selection of the writ petitioner for the post of 2nd Auxiliary Nurse Midwife (ANM) for Vallala Sub Centre, Shaligouraram Primary Health Centre in Nalgonda District. The case of the petitioner is that she is a candidate belonging to Scheduled Castes. She has passed S.S.C., as well as Multi Purpose Health Workers (Female) Course scoring 663 marks out of 1000. She had responded to the notification issued by the respondent Nos.1 and 2 on 01-09-2008 for the post of 2nd ANM under the National Rural Health Mission scheme. Under the National Rural Health Mission, 565 posts were allotted to be filled in on contract basis in Nalgonda District. Each Primary Health Centre is treated as one unit for the purpose of selection to ensure that adequate social representation is given in the matter of recruitment. Various posts have been set apart in a cyclic order for being filled in with candidates belonging to several social groups such as Scheduled Castes, Scheduled Tribes and Backward Classes. Vallala Sub-Centre has been shown for open competition/ BC- E. The writ petitioner was one of the candidates, who responded to the said notification and in the selections that were conducted, based upon the total number of marks obtained at the Multi Purpose Health Workers (Female) Course, the writ petitioner was selected for Vallala Sub-centre. Orders to that effect have been issued on 26-09-2008. However, the 4th respondent herein has taken up the issue with the District Collector, Nalgonda pointing out that she is also a member belonging to Scheduled Castes and that she has secured 793 marks at the Multi Purpose Health Workers (Female) Course and hence, based upon the number of marks got at the said examination, it is the 4th respondent in preference to the writ petitioner, who should have been selected for the sub-centre at Vallala that required re- consideration and re-examination of the matter. It is not in dispute that the 4th respondent has secured more number of marks at the Multi Purpose Health Workers (Female) Course. It is also not further in dispute that the marks secured by the respective candidates at the said course is the criteria for selection. It is obvious that the 4th respondent having secured more marks than the writ petitioner ought to have been selected for the post of 2nd ANM for Vallala sub-centre of Shaligouraram Primary Health Centre. What the writ petitioner points out is this, since she has rendered service in the past during 2001, the Reddy Kalyana Samithi as well as Hospital Development society have recommended her candidature for appointment as 2nd ANM post upon her past record of performance of duties. It was further pointed out that the post of 2nd ANM at Chittaloor sub-centre/PHC Shaligouraram is vacant. It is further submitted that Smt D. Vijaya Kumari, another candidate belonging to Scheduled Castes, who was selected and appointed as 2nd ANM at Chittaloor Sub-centre of Shaligouraram PHC, though has joined and worked for two days, has not been functioning as the 2nd ANM for the past nearly ten months. The 2nd respondent – District Medical and Health Officer would be the appropriate person to verify this fact. If Smt.D. Vijaya Kumari, who has been appointed as 2nd ANM for Chittaloor Sub-centre of Shaligouraram PHC, has not been functioning for the past more than six months, the service of the writ petitioner be utilized as 2nd ANM at the said sub-centre. However, for Vallala sub-centre, the selection of the writ petitioner has been cancelled through the impugned order and no exception can be given thereto as it is the 4th respondent, who is otherwise liable to be selected and appointed as 2nd ANM for the said sub-centre, for, she secured more marks than the writ petitioner. Subject to what has been stated supra, the writ petition is dismissed and the interim suspension granted on 05-02-2009 in W.P.M.P.No.2497 of 2009 stands dissolved so that the second respondent will be in a position to consider the candidature of the 4th respondent for engagement as 2nd ANM at Vallala sub-centre of Shaligouraram PHC, Nalgonda District. The second respondent may pass appropriate orders of engagement of the writ petitioner at the sub- centre, Chittaloor within two weeks from the date of receipt of a copy of this order. The writ petition stands dismissed. No costs. ________________________________ NOOTY RAMAMOHANA RAO, J 21st July, 2009 pn HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.1981 of 2009 21st July, 2009