HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.9672 of 2006 Dated 14.6.2011 Between: Kumari Lingala China Simhachalam. …Petitioner. And: The Government of A.P. represented by its Principal Secretary, Women & Child Welfare Department, Secretariat Buildings, Hyderabad and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.9672 of 2006 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring the order dated 25.1.2006 issued by the 3rd respondent as illegal, arbitrary and contrary to the provisions contained in Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 and further violative of rights guaranteed under Articles 14,16 and 21 of the Constitution of India. The case of the petitioner, in brief, is that she is a member of Scheduled Caste community and also suffering from a disability called locomotor disability and the extent of the said disability was assessed as 60% by the Medical Board, Visakhapatnam. She passed 10th Class and is having experience as ECE Instructor in Mandal Parishad Elementary School Guddivalasa. It is her further case that she applied for the post of Anganwadi Worker in Padmanabham Mandal, Visakhapatnam District and she was called for interview. Petitioner alleged that when she attended for interview before the concerned authorities, she was humiliated by them on the ground that she is disabled and the post of Anganwadi worker is not meant for physically disabled people like her. Thereafter, she submitted a representation to the 1st respondent on 21.1.2006 bringing to his notice about the conduct of the respondent-authorities. But, however, she received an endorsement dated 25.1.2006 stating that there is no rule of reservation/roster point. The grievance of the petitioner is that the 1st respondent has not conducted any enquiry into the matter and has not taken action against the erring officials. Hence, this writ petition. Respondents 1 to 4 filed a counter denying the material allegations: It is stated in the counter that the petitioner did not answer any questions posed by the District Medical and Health Officer. It is further stated that as per the guidelines issued by the Government of India, the Anganwadi Worker should invariably belong to the same village ward and unmarried candidates are not preferred to this post. It is further stated that there is no rule of reservation/Roster points prescribed by the Government of Andhra Pradesh as well as the Government of India for these posts. Heard the learned counsel and perused the material available on record. Admittedly, the representation of the petitioner was rejected by the Project Director, DW & CDA, Visakhapatnam through an endorsement dated 25.1.2006 on the ground that there is no rule of reservation/roster point for appointment of Anganwadi worker being paid an honorarium. It is pertinent to extract the relevant portion of the endorsement dated 25.1.2006 issued by the office of the Project Director DW & CDA, Visakhapatnam. It is informed that, there are no roaster point and rule of reservation in appointment of anganwadi worker posts as it is honourorium posts. However, the selection of AWWs of Padmanabham mandal not yet finalized by the AWWs selection committee.” In the instant case, as the selection of AWWs of Padmanabham mandal is not yet finalized by the AWWs selection committee, I feel it appropriate to set aside the impugned endorsement. Accordingly, the writ petition is allowed and the impugned endorsement issued by the 3rd respondent is set aside. The respondents are directed to consider the case of the petitioner for the post of Anganwadi Worker and pass appropriate orders in accordance with law. No costs. ________________________ Justice G.CHANDRAIAH Dated 14.6.2011. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.9672 of 2006 Dated 14.6.2011