Judgment Permod Kohli, J. 1. The petitioner was initially engaged as Anganwari Worker vide letter dated 18.5.2007 (Annexure P-4) till 29.2.2004 from the date of joining, on payment of honorarium. She joined on 21.5.2007. While the petitioner was performing the duties as Anganwari Worker, she received a letter dated 5.6.2007 (Annexure P-6) whereby selection of the petitioner was stayed on the basis of some complaint. It is stated that the copy of the complaint was never made available to the petitioner. The petitioner, however, approached the Deputy Commissioner, Amritsar seeking withdrawal of the letter dated 5.6.2007. The Deputy Commissioner referred the matter to the Sub Divisional Magistrate, Ajnala. The SDM, Ajnala submitted his report dated 31.7.2007 (Annexure P-7). It is stated in the report that at the time of appointment of the petitioner, the claim of respondent No. 4-Paramjit Kaur, the complainant in the case was ignored. It is further reported that under the policy, the daughter-in-law of the village, particularly, a widow has to be given the preference. Respondent No. 4 being a widow and daughter-in-law was to be given preference and thus, she has legitimate claim for appointment as against the petitioner. Consequent upon the aforesaid report, the Child Development Project Officer Chugawan cancelled the appointment of the petitioner and appointed respondent No. 4 as Anganwari worker vide order dated 13.8.2007 (Annexure P-8). It is this order which is in question in the present writ petition. 2. Respondent Nos. 1 to 3 filed their written statement defending their action on the ground that under the Scheme for appointment of Anganwari Worker, respondent No. 4 has preferential claim for appointment and thus, on consideration of the complaint, the appointment of the petitioner has been cancelled and respondent No. 4 has been appointed; being eligible, qualified widow and daughter-in-law of the village. 3. I have heard learned counsel for the parties. 4. Appointment to the post of Anganwari Worker is regulated by the instructions issued by the Government in this regard. A copy of the instructions has been placed on record as Annexure P-9 with CM No. 20813 of 2007. The relevant extract of the instructions is noticed here-in-below :- "1. Educational Qualification :- Minimum qualification for appointment of Anganwari Worker is metric pass from Education Board or any equivalent examination. This examination Should be passed from some recognized University or Education Board. The relevant extract of the instructions is noticed here-in-below :- "1. Educational Qualification :- Minimum qualification for appointment of Anganwari Worker is metric pass from Education Board or any equivalent examination. This examination Should be passed from some recognized University or Education Board. Preference will be given to candidate having higher qualification. In case of equal merit preference will be given to elder candidate. Allotment of marks on the basis of educational qualification. i) Matric pass candidate 10 ii) Extra marks for candidate who pass matriculation in 1st Divn. 02 iii) Extra marks for 2nd Divn. Candidates 01 iv) Extra marks for 10+1 01 v) Extra marks for Higher Secondary/Prep. 02 vi) Extra marks for 10+2 02 vii) Extra marks for B.A. Part-I 03 viii) Extra marks for B.A. Part-II 04 ix) Extra marks for B.A. Part-III 05 XXX XXX XXXX XXXX 3. Residence Preference will be given to the girl of the village. XXX, XXX, XXX, XXX, XXX 4. Matrimonial status :- If the academic merit is equal them preference will be given to daughter-in-law of the of the village then unmarried girl. 5. Experience :- As stated in Sr. No. 5 after the appointment of 25% quota for Anganwari. Helpers, at the time of appointment of Anganwadi Workers, the experience Anganwadi Workers/Bal Sewikas will be given preference among all the candidates provided they fulfil the condition regarding educational qualifications and residence. If there are more than one trained Anganwadi Worker/bal Sewika, then preference would be given who is more experienced. Marks for experience in addition to academic merit. The Anganwadi Workers would be allotted extra marks, for their experience in the following manner :- i) Extra marks for one year experience 02 ii) Extra In arks for two years experience 03 iii) Extra marks for more than two years experience 04 6. Other preference At the time of appointment after completing of 25% quota fixed for Anganwadi Helpers, first adjustment will be made among the present Anganwadi workers, and after that, experienced Anganwadi Workers, widow, handicapped (who are minimum or above 40% disabled and those Anganwadi Workers who are able to do the duties), riot victims, deserted women by her husband or who is living separately for the last 5 years from her husband due to some reason, would be given preference provided she fulfills educational qualifications. In case of equal merit preference would be given to those who are more qualified than others. If the qualification for daughter-in-law and daughter of the village are equal then the daughter-in-law will be given preference". 6. The minimum educational qualification for appointment of Anganwadi Worker is matric. For matric pass, 10 marks are allocated. For matric pass with 1st Division, 2 additional marks, for 2nd Division 1 additional mark, for 10+1 one extra mark, for 10+2 or Higher Secondary two extra marks and for B.A., Part-I, Part-II and Part-III, 03, 04 and 05 additional marks respectively. The petitioner is 10+2 and is thus entitled to 12 marks whereas the private respondent is only matric and is entitled to 10 marks. Thus, on consideration of the comparative matric the petitioner has better claim. Both the petitioner and the private respondent are within the prescribed age. Both of them belong to the same village. Clause 4 of the aforesaid Notification further provides that if academic merit is equal, then the preference will be given to daughter-in-law of the village. There is other preference provided under Clause 6 of the Notification wherein it is provided that there is 25% quota fixed for Anganwadi Helpers, first adjustment will be made among the present Angwandi Workers, and after that, experienced Anganwadi Workers, widow, handicapped (who are minimum or above 40% disabled and those Anganwadi Workers who are able to do the duties), riot victims, deserted women by her husband or who is living separately for the last 5 years from her husband due to some reason, would be given preference provided she fulfills educational qualifications. It is further provided that in case of equal merit preference would be given to those who are more qualified than others. If the qualification for daughter-in-law and daughter of the village are equal then the daughter-in-law will be given preference. It is admitted case of the parties that the petitioner is better qualified being 10+2 whereas the private respondent is only matric. The private respondent is said to be daughter-in- law and a widow and she claims preference under Clauses 4 and 6 of the notifications. However, a perusal of Clauses 4 and 6 would show that preference to daughter-in-law and a widow can only be extended, if the academic merit of both the candidates is equal. The private respondent is said to be daughter-in- law and a widow and she claims preference under Clauses 4 and 6 of the notifications. However, a perusal of Clauses 4 and 6 would show that preference to daughter-in-law and a widow can only be extended, if the academic merit of both the candidates is equal. In the present case, the academic merit of petitioner and private respondent is not equal. Petitioner has better academic qualification as against respondent No. 4. Even though respondent is, a widow and a daughter-in-laws, she could claim preference if the merit of both the candidates would have equal which is not the position in the present case. 7. In view of the above, this petition is allowed. Orders dated 31.7.2007 (Annexure P-7) and 13.8.2007 (Annexure P-8) are hereby quashed and resultantly, the appointment of respondent No. 4 is quashed and it is directed that the petitioner shall be engaged as Anganwari Norker in place of respondent No. 4. No costs.