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Andhra High Court · body

2012 DIGILAW 538 (AP)

A. Narayanamma v. District Collector/Chairman, District Level Selection Committee

2012-06-26

NOOTY RAMAMOHANA RAO

body2012
ORDER This Writ Petition is filed challenging the action of the respondents in rejecting the candidature of the writ petitioner for appointment as Anganwadi worker of Byruvanuthippa Village, Brahmasamudram Mandal, Anantapur District on the ground that the writ petitioner has failed to produce the pass certificate of X Class, while at the same time, selecting a candidate, who has studied up to IX class only. 2. On 02.10.2007, respondents 1 and 2 have taken out a notification inviting applications for the posts of Anganwadi workers and Anganwadi helpers at various Anganwadi centers in the district. The petitioner responded to the said notification, however, her candidature has not been considered on the ground that she failed to produce the X class pass certificate, while at the same time, another individual, who has not studied even X, class has been preferred for appointment. 3. Heard Sri Kothapalli Rammohan Chowdary, learned counsel for the writ petitioner as well as the learned Assistant Government Pleader for Women Development and Child Welfare. 4. It is the case of the petitioner that she is a resident of Byruvanuthippa Village and that she passed X class, whereas the selected candidate Smt. D. Mariamma has only studied up to IX class and left the school. She is not even a resident of the said village. The notification, it is contended, has made it clear that in case no candidate, who has passed X class, is available, candidate with lesser qualifications would be considered. 5. The learned Assistant Government Pleader has drawn my attention to the application filed by the writ petitioner. In her application, she has clearly mentioned “X class pass” against the column relating to educational qualifications and she has claimed to have worked as Rayalaseema Development Trust Committee Teacher between 2000 and 2006. She also participated in pulse polio programme and obtained a certificate. When I perused the marks memorandum produced by the petitioner which is placed at page 13 of the writ paper book as Ex.P3, it clearly discloses that the writ petitioner has appeared for the X class examinations that were conducted in the year 1988-89 and she failed to secure the minimum percentage of marks required to pass the examinations, but however, she claimed to have passed X class. This is a wrong assertion on behalf of the writ petitioner. This is a wrong assertion on behalf of the writ petitioner. She did pass the X class examinations that were conducted only in March 2009, but however, the fact remains that another individual, who has studied only up to IX class, has been selected by the respondents. Assuming that the writ petitioner has failed to produce the pass certificate of X class, she can only be assumed to have not passed the said examination, but she cannot be totally disqualified. Therefore, the respondents clearly made a mistake in rejecting the candidature of the writ petitioner. They ought to have proceeded further, instead of rejecting her candidature, treating her to have not passed the X class examination. 6. Admittedly, there are only two candidates, who submitted their applications for this vacancy, one is the petitioner and another is the individual, who has been selected and picked up by the respondents, but did not pass the said exam either. Thus, when no candidate, who has passed the X class examination, is available, it is those who have passed a minimum of VII standard could be considered for appointment as an Anganwadi Teacher. Therefore, the rejection of the candidature of the writ petitioner at the very first instance is wrong. However, the learned Assistant Government Pleader has informed at the Bar that the selection of the person, who has been picked up for appointment, has since been cancelled, as she is not a resident of the said village. The learned Assistant Government Pleader has further informed that the vacancy would be re-advertised and selections would be carried out afresh. 7. In view of my finding that the writ petitioner has not passed the X class, she should be treated as such only. She passed the X class examination long subsequently. I hope and trust that next time onwards, the respondents would not repeat this kind of a mistake of omitting to consider the candidature of anyone who has failed to produce the X class pass certificate. Let all necessary steps be taken at the earliest for the purpose of finalizing the selection and appointment of Anganwadi Teacher for Byruvanuthippa Village, within a maximum period of 30 days from the date of receipt of a copy of this order. 8. With this, the Writ Petition stands disposed of. No costs. 9. Consequently, the miscellaneous petitions, if any shall stand disposed of.