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2010 DIGILAW 492 (ORI)

Janaki Jena v. State of Orissa

2010-07-21

SANJU PANDA

body2010
JUDGMENT SANJU PANDA, J. : Since these two writ applications arise out of Notification No.417 dated 3.9.2009 both were heard togeth¬er and are being disposed of by this common judgment. 2. In both the writ applications, the petitioners have challenged the Notification No.417 dated 3.9.2009 issued by the Child Development Project Officer, Hatadihi Block in the District of Keonjhar for engagement of Anganwadi Workers. 3. The petitioners were engaged as Organisers of different Anganwadi Centres for last 15 years and they are discharging their duties as such. In the year 1993, the authorities issued a notification for engagement of Anganwadi Workers. As per the said Notification, the requisite educational qualification of a candidate was 8th class pass but for the Scheduled Tribe candi¬dates it was 5th class pass. However, the candidate must be able to read Oriya fluently. At that point of time the petitioners had the requisite qualification to be engaged as Anganwadi Workers. However, they were engaged as Organisers and are continuing as Organisers with a hope that in future they will be absorbed as Anganwadi Workers as they have possessed the requisite experi¬ence. 4. While the matter stood thus, the authorities issued a fresh Notification for appointment of Anganwadi Workers in the year September, 2009 where the requisite educational qualifica¬tion of a candidate was reflected as Matriculation or higher. it was also mentioned therein that the matriculate candidate, who is a permanent resident of the village, having past experience of five years shall be given preference. 5. As per the Revised Guidelines for selection of Anganwa¬di Workers issued by the Commissioner-cum-Secretary to Government of India, Women and Child Development Department on 2nd of May, 2007, preferential additional percentage will be given to the category of Scheduled Tribe/Scheduled Caste, Widow, Unmarried etc. It was also stated in the said Guidelines that Anganwadi Helper having requisites qualification and found suitable shall be selected as Anganwadi Worker provided they have worked for more than five years. 6. Therefore, the petitioners are expecting that their candidature is to be considered as Anganwadi Worker. But they have challenged the revision of requisite educational qualifica¬tion of Anganwadi Workers as “Matriculation” instead of “8th pass” as stipulated earlier in the year 1993. 6. Therefore, the petitioners are expecting that their candidature is to be considered as Anganwadi Worker. But they have challenged the revision of requisite educational qualifica¬tion of Anganwadi Workers as “Matriculation” instead of “8th pass” as stipulated earlier in the year 1993. Their main griev¬ance is that since they are working as Anganwadi Organisers for last 15 years, they have the requisite experience and taking into consideration their past experience they should have been consid¬ered to be appointed as Anganwadi Workers. There was no allega¬tion of incompetence against them and they will serve better than other candidates. Hence, there is no justification for higher qualification, i.e., matriculation. 7. However, the opposite parties have filed their counter. In the said counter they have taken a stand that the Government, in supersession of all previous guidelines for selection of Anganwadi Workers, have issued revised guidelines from 2.5.2007. As per the said guidelines, the minimum educational qualification for selection of Anganwadi Workers in matriculation and the same can be relaxed in respect of Scheduled Caste candidates only in rural and urban areas. It also provides that Anganwadi Helper and Organiser, having requisite qualification they are found to be suitable, shall be selected as Anganwadi Workers provided they have more than five years of experience and as the petitioners do not satisfy the above criteria, their candidature cannot be considered for engagement as Anganwadi Workers. 8. As per the Guidelines, an Anganwadi Worker is a volun¬teer who gets an honorarium for the service rendered by her. The service is for the less privileged persons of the locality to which she belongs. She is not a Government servant with fixed or graduated pay scale. Therefore, the provisions of the ORV Act (for SC & ST), 1975 and Employment Exchange (Compulsory Notifica¬tion of Vacancies) Act, 1959 shall not apply in selection of Anganwadi Workers. Similarly, an Anganwadi Worker cannot claim any regular appointment in future on the basis of her selection as Anganwadi Worker. While testing the candidate, it is also stated in the Guidelines that the candidate must be acquainted to comprehend Oriya language and familiarity with English and simple arithmetical ability. After the selection, the candidate is to go for Job Course and Refresher Course Training. While testing the candidate, it is also stated in the Guidelines that the candidate must be acquainted to comprehend Oriya language and familiarity with English and simple arithmetical ability. After the selection, the candidate is to go for Job Course and Refresher Course Training. All these above guidelines have been given because after selection of Anganwadi Worker she has to discharge her duties properly to the satisfac¬tion of the authorities and she has to help the local people and take care of the small children of the locality. Therefore, it is quite necessary that a person having matriculate qualification has to be selected as Anganwadi Worker. Accordingly the authori¬ties have fixed criteria and minimum educational qualification of a candidate as matriculate as because availability of number of educated persons in the area has increased day by day. Age and physical changes are no bar to those persons who are used to prove themselves after getting higher education or qualification and those persons who are ready to adopt every changed situation. 9. Therefore, taking into consideration the aforesaid position, this Court thinks it proper that the minimum educational qualification fixed by the authority for selection of Anganwadi Worker is just and proper. However, the experience acquired by the petitioners as Anganwadi Helper or Organisers cannot also be ignored. Sufficient chance should have been given to them to acquire the required higher qualification if they have not possessed the requisite qualification and minimum three chances should be given to all such persons including the peti¬tioners, who have to their credit five years’ experience of Anganwadi Helper or Organiser as required under the guidelines to clear matriculation. Thereafter their candidature should have been considered by the authority. 10. With the above observation, both the writ applications are disposed of. No costs.