IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SMT. JUSTICE V.SUJATHA

WRIT PETITION NO: 5540 OF 2016

Between:

Smt. A. Chandrakala B. Chandrakalavathi, W/o. A.Shekar, Age; ²² years, Occ: Unemployee, R/o. ^D No. 3-34, Kethavaram (v), Orvakal (M), Kurnool District.

...PETITIONER

AND

• The State of Andhra Pradesh, Rep. by its Secretary, Women, Child & Family Welfare Department, Secretariat Buildings, Hyderabad. 1.
• The District Oollector/Chairperson, DW & CDA, Kurnool District at Kurnool. 2.
• The Project Director, Integrated Child Development Society, Kurnool. 3.
• The Child Development Project Officer, Kurnool Rural at Kurnool, B.Camp Kurnool District. 4.
• Smt. A. Parameswari, W/o. A. Sridhar, D No. 3-146, Kethavaram Village , Orvakal Mandal, Kurnool District. 5.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 2 to 4 in issuing impugned Proceedings No. 07/S.A./2015 dt; 23.11.2015 for the Post of Anganwadi Helper Kethavaram-2, Orvakal Mandal, Kurnool District in favour of the Respondent No. 5 as arbitrary, illegal, capricious, subversive of Article 14 of the Constitution of India and in violation of principles of natural justice by holding that the Respondent

^ No. ⁵ is not eligible candidate for the post of Anganwadi Helper Kethavaram-2, Orvakal Mandal, Kurnool District as she produced the fake documents with regard to certificates relating to the qualification and other ^ rejquired certificates namely Caste, Date of Birth, Education Qualification, eonMur\ity consequently direct the respondents No. 2 to 4 to consider the dabe of "the Petitioner who possessed requisite qualification for the said post forthwith. .,,

d

l-A. NO: ¹ OF 2016(WPMP. NO: 7049 OF 2016)

r. i

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned Proceedings No. 07/S.A/2015 dt; 23.11.2015, passed by the Respondent No.4 in favour of Respondent No. 5 for the post of Anganwadi Helper Kethavaram-2, Orvakal Mandal, Kurnool District forthwith, pending disposal of the main Writ Petition in the interest of justice.

Counsel for the Petitioner: SRI P. V. RANGA REDDY

Counsel for the Respondent Nos.1 to ⁴ : GP FOR WOMEN DEVELOPMENT & CHILD WELFARE

Counsel for the Respondent No.5 : NONE APPEARED The Court made the following; ORDER

APHC010357992016

f-

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3333]

FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 5540/2016

Between:

A Chandrakala At B. Chandrakalavathi, Kurnool Dist ...PETITIONER

AND

Secy Women Child And Welfare Dept Hyd And ⁴ Ot and ...RESPONDENT(S) Others

Counsel for the Petitioner:

1.PVRANGA REDDY

Counsel for the Respondent(S):

1.GP FOR WOMEN DEV-CHILD WELFARE(AP)

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

"...to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to ⁴ in issuing impugned Proceedings No 07/S.A/2015 dt.23.11.2015 for the Post of Anganwadi Helper, Kethavaram-2, Orvakal Mandal, Kurnool District in favour of the Respondent No. 5 as arbitrary, illegal, capricious, subversive of Article 14 of the Constitution of India and in violation of principles of natural justice by holding that the Respondent No. 5 is not eligible candidate for the post of Anganwadi Helper, Kethavaram-2, Orvakal Mandal, Kurnool District as she produced the fake documents with regard to certificates relating to the qualification and other required certificates namely Caste, Date of Birth, Education Qualification, community, consequently direct the respondents No. 2 to 4 to consider the case of the petitioner, who possessed requisite qualification for the said post forthwith ..."

2. The petitioner is the resident of Kethavaram village, Orvakal Mandal, Kurnool District and studied up to X Class. While so, having come to know that there is requirement of Anganwadi Helper for their village, the petitioner and other eligible candidates were waiting for the notification to be issued by the respondents 2 to 4. But, surprisingly, respondents 2 to 4 appointed the 5 respondent as Anganwadi Helper for the post of Kethavaram -2 Anganwadi Center vide proceedings No.07/S.A./2015, dated 23.11.2015, without issuing any notificationm though the 5*'^ respondent does not possess the required th qualifications.

The case of the petitioner is that the respondent had produced fake certificates before the respondents 2 to 4, wherein her date of Birth Certificate 3. is shown as 10.10.1989 and as per her Study Certificate 5he studied 1^* class

2

to 8''" class from 1997-98 to 2004-05 and in her community certificate issued by the revenue officials, her caste is noted as Golia-3 (BC-D). The ¹ respondent had issued G.O.Ms.No.18, dated 15.05.2015, in which the parameters are framed to be adopted for selection of Anganwadi workers. Mini Anganwadi worker and Anganwadi helpers by reconstituting the Committee in all integrated Child Development Service Scheme (ICDS) Projects and ITDA Projects. But the respondents without following the due procedure, appointed the 5*^ respondent herein vide impugned proceedings dated 23.11.2015, for the post of Anganwadi Helper, Kethavaram-2, Orvakal Mandal, Kurnool District. Challenging the same, present Writ Petition is filed.

4. The respondent No.4 has filed a counter affidavit, wherein it is stated that ^a notification was issued for the post of Anganwadi Workers/Helpers and the same was published in Eenadu Daily News Paper, dated 03.10.2015 for filling up the post of Anganwadi Helper of Kethavaram Village, along with vacant posts of Anganwadi Workers/Helpers posts in the Kurnool District. As per the notification published in News paper, two candidates have applied for the post of Anganwadi Helper, i.e., the 5*^ respondent and one Smt.Boya Lakshmi Devi, W/o. Boya Venkateswarlu. As per the Transfer Certificate of 5'^ respondent, issued by the Head Master, Good Shepherd High School, Kurnool the individual is admitted in 1®* class on 15.07.1997 and studied up to 8 class and left from the school on 24.04.2005. Her date of birth is noted as th 10.10.1989 and Caste is Hindu Periki Balija. After the marriage, the ⁵

3

respondent converted her caste to her husband caste, \A/hich belongs to Golla. The Head Master certified that both Transfer Certificate and Study Certificates are genuine. Accordingly, it is submitted that the respondents followed the due procedure as per the above G.O.Ms.No.18, and the Selection Committee selected the 5**^ respondent as Anganwadi Helper of Kethavaram village. The petitioner has not applied for the said post during the notification. Hence, the Petitioner is not entitled any relief under the Wirt Petition and prayed to dismiss the same.

Heard learned counsel for the petitioner and learned 5. Government Pleader for Women Development and Child Welfare.

6. When the matter is taken up today, learned counsel Government Pleader has produced a copy of the instructions received from the Child Development Project Officer, ICDS Project, Kurnool, wherein it is stated that th petitioner has made a complaint against one Smt. Ancha Rameswari/ ⁵ respondent, stating that she secured appointment as Anganwadi Helper by producing fake educational qualification Certificate and the Certificate of the selected candidate has been sent to the Education Department. The Deputy Educational Officer, Kurnool has enquired and stated that Certificate produced by the individual is not genuine and the letter issued by the School authorities certifying the genuineness are not correct. The CDPO, Kurnool has issued Show cause notice to Smt. Ancha Rameswari vide Memo dated 28.05.2016 and called for an explanation for producing the fake certificate and

>

4

secured appointment as Anganwadi Helper. The services of Smt. Ancha Rameswari/5^th respondent has been terminated with the approval of the After termination of the $5^th$ respondent, a Committee. DLSC. Kurnool. notification was issued for the post of Anganwadi Helper, Kethavaram village, and Smt.B.Chandra Kalavathi was selected as Anganwadi Helper, Kethavarm and working since 15.12.2020. The petitioner has not applied for the said post, hence, the petitioner cannot be considered for appointment as Anganwadi Helper.

$\mathsf{S}$

$7.$ In view of the same, pursuant to the notices issued by this Court in the present Writ Petition, after duly conducting enquiry as against the 5^th respondent she was removed from the services on the ground of producing fake education certificates and thereafter in pursuance of subsequent notification issued by the respondents, one Smt.B.Chandra Kalavathi was selected as Anganwadi Helper, Kethavarm and working since 15.12.2020. Therefore, this Court is of the opinion that the cause in the Writ Petition does not survive and no further orders are required to be passed.

8. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Consequently, miscellaneous applications, pending, if any, shall also stand closed.

//TRUE COPY//

Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR

SECTION OFFICER

• 1. One CC to Sri P. V. Ranga Reddy, Advocate [OPUC]
• 2. Two CCs to GP for Women Development & Child Welfare, High Court of Andhra Pradesh. [OUT]

3. Three C.D. Copies.

To,

HIGH COURT

DATED:20/09/2024

DISMISSING THE W.P. WITHOUT COSTS