1 wp4047.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4047 OF 2010 Jaykumar Jitendra Rawal .. Petitioner. V/s. State of Maharashtra & Others .. Respondents. Mr. Vaibhav Sugdare with Mr. Aditya Mithe i/by M/s Khaitan and Jaykar for the Petitioner.. Mrs. M.P. Thakur, AGP for the Respondent Nos. 1 and 3. Ms. Suvarna A.V. i/by Mrs. G.P. Mulekar for Respondent No.2. CORAM : B.H. MARLAPALLE AND A.A. SAYED, JJ. DATED : 20TH SEPTEMBER, 2010. P.C. 1. Heard. Perused the affidavit filed by Jt. the Secretary of the State Government in the Department of Woman and Child Development. 2. The petitioner came to be elected as a Member of the Legislative Assembly from the Sindhkheda Constituency in Dhule District in the last assembly elections and he seeks to challenge the said Government Resolution dated 27-1-2010, reconstituting the selection committee for Anganwadi Sevak, Anganwadi Madatnis and Mini Anganwadi Sevak. As per the petitioner, the Government Resolutions issued right from 1st 2 wp4047.10.sxw February, 1996 onwards till 8th August, 2006 have stipulated that the said selection committee shall be chaired by a Member of the Legislative Assembly and in the impugned Government Resolution the selection committee is required to be chaired by a nominee of the Guardian Minster of the respective Districts. 3. The Government of India by its communication dated 28th May, 2007 addressed to the Secretaries' In-charge of Integrated Child Development Scheme in all the States and Union Territories called upon the States to change the instructions with regard to the selection of Anganwadi workers and in para 2 of the said communication called upon the State Government not to involve a Member of the Legislative Assembly in the selection of the Anganwadi workers/ Anganwadi helpers. The communication especially stated that “ it has been decided that it would not be appropriate to include MLA in the selection process of Anganwadi Workers, who are honorary and grass root functionaries under the ICDS scheme." The State Governments have been requested to confirm the compliance of the aforementioned instructions by 16th June, 2007. Consequently the impugned Resolution has been issued by the Government of Maharashtra on 27-1-2010. The petitioner being a Member of the Legislative Assembly claims that he ought to be the Chairman of the Selection Committee and not the nominee of the 3 wp4047.10.sxw Guardian Minister. The learned Counsel for the petitioner could not show any document, which creates a vested right in favour of the petitioner and in support of his prayer that a Member of the Legislative Assembly ought to be the chairman of the selection committee in the selection of Anganwadi workers under the Integrated Child Development Scheme of the Government of India. This Court would be very slow while interfering in the policy decision taken either by the Central Government or State Government. The Integrated Child Development Scheme is implemented by the Government of India through the Zilla Parishads and if the Government of India thought it fit that the Members of the Legislative Assembly should not be involved in the selection of the Anganwadi workers under the said scheme, there cannot be any reason to interfere with the said policy decision taken by the Union of India unless it is demonstrated that the petitioner's fundamental right or an existing vested legal right has been taken away by the said policy decision. 4. Hence the petition must fail at the threshold and the same is hereby rejected. However, we make it clear that the guardian minister's nominee cannot be a Member of the Legislative Assembly. (A.A.SAYED,J.) (B.H. MARLAPALLE, J.) 4 wp4047.10.sxw