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Madhya Pradesh High Court · body

2012 DIGILAW 56 (MP)

Pichada Avam Dalit Warg Sangh v. State of M. P.

2012-01-12

AJIT SINGH, SANJAY YADAV

body2012
Judgment Ajit Singh, J.- The petitioner is a society registered under the Madhya Pradesh Society Registrikaran Adhinivam. 1973. Its one of the objects is to uplift the members of Scheduled Castes, Scheduled Tribes and other Backward Classes. By this petition, filed as public interest litigation, it has prayed that the respondents be directed to implement the provisions of the Madhya Pradesh Lok Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (in short, "the Adhiniyam, 1994) in the appointments of Anganwadi workers and helpers. 2. On 3.8.2009, Department of Women and Child Development of the State Government published an advertisement for filling up the vacancies in different districts of Anganwadi workers and helpers. The grievance of petitioner is that, except for providing provision for giving additional marks to the candidates of Scheduled Castes and Scheduled Tribes, no provision for the reservation of vacancies for them has been made which is illegal and contrary to the Adhiniyam, 1994. 3. In reply, the State Government has justified its action of not providing reservation for the vacancies in favour of the persons belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes on the ground that the Anganwadi workers and helpers are not holders of posts. The State Government has also placed reliance on the decision of the Supreme Court rendered in State of Karnataka v. Ameerbi (2007) 11 SCC 681 . 4. The Adhiniyam 1994 has been enacted by the State Government. Its long title states that it is an Act to provide for the reservation of vacancies in public services and posts in favour of the persons belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes of citizens and for matters connected therewith or incidental thereto. Section 3 of the Adhiniyam makes it applicable to the establishment as defined therein. Section 3 of the Adhiniyam makes it applicable to the establishment as defined therein. Establishment is defined in section 2(b) which reads as under: "2(b) "Establishment" means any office of the State Government or of a local authority or statutory authority constituted under any Act of the State for the time being in force, or a University or a company, corporation or a cooperative society in which not less than fiftyone percent of the paid up share capital is held by the State Government or the institutions receiving grant-in-aid or any cash grant from the State Government and includes a work charge or contingency paid establishments and such establishments in which casual appointments are made but does not include the establishments covered under Article 30 of the Constitution." 5. Section 4 of the Adhiniyam 1994 provides for the fixation of percentage for reservation of posts and standard of evaluation. The relevant extract of the section reads as under: "4. Fixation of percentage for reservation of posts and standard of evaluation. (1) Unless otherwise provided by or under this Act, the posts reserved for the members of Scheduled Castes or Scheduled Tribes or other Backward Classes shall not be filled by the members who do not belong to such castes or tribes or classes, as the case may be. 2) Subject to other provisions of this Act there shall be reservation? for the persons belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes, at the stage of direct recruitment in public services and posts. (i) at the State level, the following percentage of vacancies arising in a recruitment year, in Classes I, II, III and IV posts (a) In Class I and Class II posts Scheduled Castes 16 percent Scheduled Tribes 20 percent Other Backward Classes 14 percent (b) Class III and Class IV posts Scheduled Castes 16 percent Scheduled Tribes 20 percent Other Backward Classes 14 percent (ii) in an establishment at the Divisional or District level the percentage of vacancies arising in a Recruitment Year in such categories of Class III and Class IV posts, as may be notified by the State Government in this behalf. (iii) the appointments to vacancies as aforesaid in (i) and (ii), shall be made in accordance with a roster as may be prescribed: Provided that the aforesaid reservation shall not apply to such categories of persons belonging to the other Backward Classes as are notified by the State Government as belonging to the creamy layer from time to time." 6. In the year 1975 the Central Government floated an Integrated Child Development Services (ICDS) Scheme. The object of the scheme is mainly to provide preschool education and also to improve the nutritional and health status of children in the age group 06 years. The scheme is centrally sponsored and is being implemented through the states on a costsharing basis in the ratio of 50:50 for supplementary nutrition and 90:10 for other components, Anganwadi workers and helpers are the front line functionaries at the Anganwadi Centres who render services as "honorary workers". They are not appointed on a pay scale and are paid honorarium. There is no fixed criteria as regards honorarium. Some States pay honorarium as fixed by the Central Government and some pay additional honorarium from their own resources for additional functions assigned under other schemes. 7. The question which calls for our consideration is whether provisions of the Adhiniyam 1994 are applicable for filling up the vacancies of Anganwadi workers and helpers. 8. For the purposes of reservation, the definition of establishment quoted above is not to be read alone. It is to be read along with section 4 of the Adhiniyam which too has been quoted in para 5 of this order. Section 4 provides for reservation for the persons belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes at the stage of direct recruitment in public services and posts. There cannot be any public service without post, Thus, if there are no posts in an establishment there cannot be any reservation, In State of Karnataka v. Ameerbi (Supra) the Supreme Court has held that the posts of Anganwadi workers and helpers are not statutory posts and that they have been created in terms of the scheme. The Supreme Court has also held that they do not carry any function of the State nor they hold post under a statute. The Supreme Court has also held that they do not carry any function of the State nor they hold post under a statute. Therefore, since the Anganwadi workers and helpers are not holders of any posts, our answer is that the provisions of the Adhiniyam 1994 are not applicable to them. 9. In the result, we find no merit in the petition. It is accordingly dismissed.