JUDGMENT : Ramesh Sinha, C.J. 1. Since similar facts and issues are involved in these petitions, they are being considered and decided by this common judgment. 2. The petitioners {in WPS No. 803 of 2022}, have prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call entire record from the respondents. 10.1-A That, the Hon’ble Court may be pleased to allow the present petition and issue writ declaring the impugned Rule 12(3) of the Chhattisgarh Women and Child Development Department, Executive Class III (Non- Gazetted) Service Recruitment Rules, 2008 ultra vires and unconstitutional (ii) That, this Hon’ble Court may kindly be pleased to allow this petition and issue a writ quashing impugned amendment dated 28.07.2008 in Chhattisgarh Civil Service (Special Provision for Appointment of Women) Rules 1997 (Annexure P-1) as ultra vires, in the interest of justice. Alternatively. That, this Hon’ble Court may kindly be pleased to allow this petition and issue a writ reading down the impugned amendment dated 28.07.2008 in Chhattisgarh Civil Service (Special Provision for Appointment of Women) Rules, 1997 (Annexure P-1) to the effect that this impugned rule will have no application in the recruitment of Aaganbadi Supervisor in respect of direct recruitment amongst the Anganbadi Workers as this recruitment though direct in the nomenclature is actually is on the basis of seniority, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 3. The petitioners {in WPS No. 5149 of 2023}, have prayed for the following reliefs: “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of quashing the impugned amendment of 2008 and declaring proviso inserted in rule 4 by way of amendment of 2008 Annexure P/5 as ultra vires. 10.1-A That, the Rule 8(1)(j) and 8(2) of the Chhattisgarh Women and Child Development Department, Executive Class III (Non-Gazette) Service Recruitment Rules 2023 Annexure P/7 is ultra vires and unconstitutional. 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing respondent authorities to allow petitioners to participate in recruitment process. 10.3 That, this Hon’ble Court may be further pleased to pass any other consequential and other orders/ writs which this Hon’ble Court deems just and proper in the facts and circumstances of the case. 4. 10.3 That, this Hon’ble Court may be further pleased to pass any other consequential and other orders/ writs which this Hon’ble Court deems just and proper in the facts and circumstances of the case. 4. The petitioner {in WPS No. 5595 of 2023}, have prayed for the following reliefs: “10.1 That, the Hon’ble Court may kindly be pleased to issue writ of Certiorari against the respondents and declare the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 (Annexure P/1) as ultra vires. 10.2 That, the Hon’ble Court may kindly pass any order/direction quashing the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 and declare that the Limited Direct Recruitment of Supervisor under rule 6(1)(b) of the Rules of 2023 as illegal and against the law. 10.3 That, the Hon’ble Court may kindly pass order/ direction quashing the employment notice (Annexure P/2) issued by respondent No. 5 with regard to recruitment for the 220 posts of Supervisors from amongst Anganwadi Workers by Limited Direct Recruitment. 10.4 That, the Hon’ble Court may kindly pass order / direction stopping the recruitment process initiated under the employment notice for the post of Supervisors by limited direct recruitment to ill 220 posts of Supervisors from amongst Anganwadi Workers. 10.5 That the Hon’ble Court may kindly issue order / direction in nature of writ of mandamus to the Respondent No. 1 i.e. State of Chhattisgarh to amend the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 in accordance with the guidelines of respondent No. 2 Union of India dated 15.09.2015. 10.6 That the Hon’ble Court may kindly pass any other order / directions as it deems it in light of the facts and circumstances of the present case in the interest of justice.” 5. The petitioners {in WPS No. 6031 of 2023}, have prayed for the following reliefs: “10.1 That, the Hon’ble Court may kindly be pleased to issue writ of Certiorari against the respondents and declare the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non- Gazetted) Service Rules of 2023 (Annexure P/1) as ultra vires. The petitioners {in WPS No. 6031 of 2023}, have prayed for the following reliefs: “10.1 That, the Hon’ble Court may kindly be pleased to issue writ of Certiorari against the respondents and declare the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non- Gazetted) Service Rules of 2023 (Annexure P/1) as ultra vires. 10.2 That, the Hon’ble Court may kindly pass any order/direction quashing the Rule 6(1)(b) of the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 and declare that the Limited Direct Recruitment of Supervisor under rule 6(1)(b) of the Rules of 2003 as illegal and against the law. 10.3 That, the Hon’ble Court may kindly pass order/ direction quashing the employment notice (Annexure P/2) issued by respondent No. 5 with regard to recruitment for the 220 posts of Supervisors from amongst Anganwadi Workers by Limited Direct Recruitment. 10.4 That, the Hon’ble Court may kindly pass order / direction stopping the recruitment process initiated under the employment notice (Annexure P/2) for the post of Supervisors by limited direct recruitment to ill 220 posts of Supervisors from amongst Anganwadi Workers. 10.5 That the Hon’ble Court may kindly issue order / direction in nature of writ of mandamus to the Respondent No. 1 i.e. State of Chhattisgarh to amend the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Rules of 2023 in accordance with the guidelines of respondent No. 2 Union of India dated 15.09.2015. 10.6 That the Hon’ble Court may kindly pass any other order / directions as it deems it in light of the facts and circumstances of the present case in the interest of justice.” 6. The petitioners {in WPS No. 6295 of 2023}, have prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records of the case from the authorities. 10.2 That, this Hon’ble Court may kindly be pleased to struck down the Rules 8(2) in respect of the age limit for recruitment of the post of Supervisor from Anganwadi Worker, is in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to direct to the respondent authorities to provide bonus mark to the petitioners as per experience of the work of Anganwadi Worker and thereafter selected to the post of Supervisor, is in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to direct to the respondent authorities to provide bonus mark to the petitioners as per experience of the work of Anganwadi Worker and thereafter selected to the post of Supervisor, is in the interest of justice. 10.4 That, any other relief/order which may deem it and just in the facts and circumstances of the case including award of the costs of the petition may be given”. 7. The petitioners {in WPS No. 9138 of 2023}, have prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records of the case, from the respondent authorities. 10.2 That, this Hon’ble Court may kindly be pleased to struck down the Rules 8(2) in the respect of age limit for limited direct recruitment of the post of Supervisor from Anganwadi Workers, in interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to cancel the result and selections of the candidates for the post of Supervisor, declared and done through limited direct recruitment of the working Anganwadi Workers and to direct the respondent authorities to reorganized the exam for post of Supervisor through limited direct recruitment of the working Anganwadi Workers so that to provide grace marks on long experience of their job and to avail the necessary certificates for selection on the post of Supervisor, after re-publishing the amended advertisement for the limited direct recruitment, in interest of justice. 10.4 Any other relief which this Hon’ble Court may deem it and proper also kindly be granted to the petitioner, in the interest of justice.” 8. The petitioners {in WPS No. 272 of 2024}, have prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/ directions and set aside/quash the impugned order dated 27.12.2023 (Annexuer P/1) so far it relates to the respondent No. 5 to 9 and further direct the respondent authorities to pass appointment order in favour of the petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/directions and set aside the impugned amendment of 2008 and declare the proviso inserted in Rule 4 by way of amendment of 2008 (Annexure P/2) as ultra vires. 10.2 That, this Hon’ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/directions and set aside the impugned amendment of 2008 and declare the proviso inserted in Rule 4 by way of amendment of 2008 (Annexure P/2) as ultra vires. 10.3 That, the Hon’ble Court may kindly be pleased to issue an appropriate writ in the nature of mandamus directing respondent authorities to allow petitioner to participate in recruitment process. 10.4 That, the Hon’ble Court may kindly be pleased to issue an appropriate writ and quash the impugned Rule 12(3) of the Chhattisgarh Women and Child Development Department, Executive Class III (Non Gazetted) Service Recruitment, 2008 (Annexure P/3) is ultra vires being unconstitutional. 10.5 That, the Hon’ble Court may kindly be pleased to issue an appropriate writ directing the authorities to consider the petitioner’s candidature for the post of supervisor (unreserved post) and issue appointment order on the basis of merit wise list. 10.6 Any other relief which this Hon’ble Court may deem it and proper also kindly be pleased to grant to the petitioner, in the interest of justice.” 9. The facts, in brief, as projected by the petitioners, are as under: WPS No. 803/2022 According to Mr. Mirza Hafeez Baig, learned counsel for the petitioners, the petitioners are Anganwadi Workers working since 1999, 2006, 2007 and 2010. An advertisement was issued by the Directorate of Women and Child Development, Chhattisgarh, wherein total 200 posts of Anganwadi Supervisors were advertised on 30.11.2021. Out of these 200 posts, 100 posts are to be filled up by direct recruitment and 100 posts by way of limited direct recruitment for which the Anganwadi Workers having 10 years of experience are eligible to apply. However, in the limited direct recruitment, the maximum age of the Anganwadi Workers has been limited to 45 years by the impugned amendment dated 28.07.2008 to the Chhattisgarh Civil Service (Special Provision for Appointment of Women) Rules, 1997 (for short, the Rules of 1997). The post of Anganwadi Supervisor was lastly advertised in the year 2018 and after lapse of 8 years, the instant recruitment is being carried out and as such, many of the Anganwadi Workers have turned more than 45 years of age and as such, are ineligible for participating in the limited direct recruitment. The post of Anganwadi Supervisor was lastly advertised in the year 2018 and after lapse of 8 years, the instant recruitment is being carried out and as such, many of the Anganwadi Workers have turned more than 45 years of age and as such, are ineligible for participating in the limited direct recruitment. The petitioners also challenge Rule 12(3) of the Chhattisgarh Women and Child Development Department Executive Class III (Non-Gazetted) Service Recruitment Rules, 2008 (for short, the Rules of 2008) which also prescribes that the maximum age of an Anganwadi worker shall not exceed 45 years on the first day of January of the year of commencement of the examination/selection. It shall not be relaxable on any ground. WPS No. 5149 /2023 As per Ms. Renu Kochar, learned counsel for the petitioners, the petitioners herein are also Anganwadi Workers. They are also aggrieved by the amendment dated 28.07.2008 to Rule 4 of the Rules of 1997 and Rule 8(1)(j) and 8(2) of the Chhattisgarh Women and Child Development Department, Executive Class III (Non-Gazette) Service Recruitment Rules 2023 (for short, the Rules of 2023). In the present case, the respondents have advertised 440 posts of Supervisor Grade III on 04.07.2023 out of which 220 posts were to be filled through open direct recruitment and remaining 220 posts through limited direct recruitment. Clause 3.3 of the advertisement provides that the maximum age limit for the limited direct recruitment would be 45 years and since the petitioners have crossed the age of 45 years, they are now ineligible for participating in the said recruitment process which is unconstitutional. WPS No. 5595 /2023 Petitioner herein challenges Rule 6(1)(b) of the Rules of 2023 and also seeks quashing of the advertisement dated 02.08.2023 (Annexure P/2) by which 220 posts of Supervisor have been advertised for filling up through limited direct recruitment process and to issue a direction to the respondents to amend the Rules of 2023 in accordance with the guidelines of the Union of India dated 15.09.2015 (Annexure P/4). The petitioner herein is aged about 46 years and is working on the post of Anganwadi Worker and posted at Ganjhutoli, Tehsil Kansabel, in the District of Jashpur. She was appointed on 02.03.2006. The petitioner herein is aged about 46 years and is working on the post of Anganwadi Worker and posted at Ganjhutoli, Tehsil Kansabel, in the District of Jashpur. She was appointed on 02.03.2006. The Director, Integrated Child Development Service Scheme (for short, the ICDS) had issued guidelines to all the Secretaries of States and Union Territories by reviewing the previous guidelines for promotion and appointment of Anganwadi Workers to the posts of Supervisors in supersession of earlier guidelines. The guidelines provided as quoted below- "The following guidelines on promotion and appointment of AWWs to the posts of Supervisors, in supersession of earlier guidelines, are conveyed to the States/UTs for compliance: (i) The 50% of vacancies in the posts of Supervisors would be filled up by promotion from amongst AWWs with 10 years of experience as AWWs and having the prescribed educational qualifications as per the Recruitment Rules for the post of Supervisor, failing which the vacancies would be filled up by direct recruitment; and (ii) The remaining 50% vacancies in the posts of Supervisors would be filled up by direct recruitment." The letter dated 15.09.2015 also stated that the States/UTs may amend related Recruitment Rules for the posts of Supervisors as per the guidelines therein on urgent basis and copy of such Recruitment Rules, after being notified, may be sent to the ministry i.e. respondent No. 2. Even after framing of the above mentioned guidelines the State of Chhattisgarh did not amend the recruitment rules and continued the recruitment and appointment to the post of Supervisor under the old Rules of 2008 which did not conform to the guidelines issued by the ICDS. In the erstwhile state of Madhya Pradesh, the Anganwadi Workers were promoted to the post of Supervisors. On date 30.03.1999, the office of District Collector, District-Dhar (M.P.), (in pursuance of order of Directorate, Women and Child Development dated 26.03.1999) issued promotion order of 2 Anganwadi Workers. Similarly the office of District Panchayat, District- Khargon also issued promotion list of Anganwadi Workers to the post of Supervisors by order dated 15.06.1999. On date 30.03.1999, the office of District Collector, District-Dhar (M.P.), (in pursuance of order of Directorate, Women and Child Development dated 26.03.1999) issued promotion order of 2 Anganwadi Workers. Similarly the office of District Panchayat, District- Khargon also issued promotion list of Anganwadi Workers to the post of Supervisors by order dated 15.06.1999. On 14.03.2018, the Ministry of Women & Child Development, Government of India issued another letter to the Principal Secretaries/Secretaries in-charge of Women and Child Development/Social Welfare Department (Anganwadi Services) in all the States/UTs which reiterated that ".......as per revised guidelines, there is a provision of promotion to the extent of 50% of vacancies in the grade of Supervisor from amongst Anganwadi Workers with 10 years of service and fulfilling extant provisions of Recruitment Rules. Therefore, the powers to ill up vacancies in the grade of Supervisors against promotion quota may be delegated to District Magistrates/District Collectors in 115 Aspirational Districts." The letter dated 14.03.2018, also suggested that filling up the promotion quota for vacancies in the grade of Supervisors may be delegated to District Collectors. Furthermore the abovementioned letter also mentioned a list of 115 Aspirational Districts which includes districts of Chhattisgarh for delegation of power to the District Collectors. Subsequently, the new recruitment rules have been notified by the State of Chhattisgarh by notification no in Gazette dated 06.06.2023 which also fail to amend the recruitment rules and are contrary to the guidelines issued by the ICDS. Instead of filling 50% vacancies by promotion, the impugned Rules of 2023 provide for filling up of 50% vacancies by limited direct recruitment through competitive examination from Anganwadi Workers. On 02.08.2023, the respondent No. 5 i.e. the Director, Directorate Department of Women and Child Development, Government of Chhattisgarh, issued employment notice (Annexure P/2) for recruitment to the post of Supervisor under the Rules of 2023. The advertisement shows that while 220 posts of Supervisors are to be filled by direct recruitment, another 220 posts of Supervisors are to be filled up by limited direct recruitment. Some States have amended their recruitment rules and began filling up of vacancies for post of Supervisor by promotion from Anganwadi Workers. The advertisement shows that while 220 posts of Supervisors are to be filled by direct recruitment, another 220 posts of Supervisors are to be filled up by limited direct recruitment. Some States have amended their recruitment rules and began filling up of vacancies for post of Supervisor by promotion from Anganwadi Workers. Like the State of Jammu & Kashmir is filling 25% vacancies for post of Supervisor by selection through Departmental Selection Committee (DPC) from amongst Graduate Anganwadi Workers who have rendered 5 years of service and 25% by selection through Departmental Selection Committee (DPC) from amongst Matriculate Anganwadi Workers with 10 years of service. The State of Punjab is filling up 75% of vacancies for the post of Supervisor through promotions from Anganwadi Workers. The State of Uttar Pradesh is also filling 50% of vacancies for the post of Supervisor through promotions from Anganwadi Workers. Similarly the State of West Bengal and Orissa are also filling the post of Supervisor by promotion from amongst Anganwadi Workers. The State of Uttarakhand is also giving promotions to Anganwadi Workers who are being promoted to the post of Supervisor. In Uttarakhand 40% of Vacancies for the post of Supervisor is being filled from Anganwadi Workers through promotion, while 10% of Vacancies for the post of Supervisor is being filled from Mini Anganwadi Workers through promotion. The promotions are governed by the Uttarakhand Mahila Avam Bal Vikas Adhinasth (Supervisor) Sewa Niyamawali of 2021. On 26.07.2023 the CGVYAPAM had declared 13.08.2023 as the date of examination for direct recruitment and limited direct recruitment to the post of Supervisor. The guidelines issued by the ICDS dated 15.09.2015 as well as the letter dated 14.03.2018 clearly provide that the 50% vacancies for the posts of Supervisors have to be filled up by promotion. The Government of Chhattisgarh has framed the recruitment rules of 2023 contrary to the guidelines provided by respondent No. 3. The impugned rules of 2023 close the avenue for promotion of Anganwadi Workers. WPS No. 6031 /2023 The facts in the present case is identical to that of WPS No. 5595/2023 except the fact that the date of appointment of appointment and place of posting of the petitioners, who are also the Anganwadi Workers, is different. WPS No. 6295 /2023 Mr. WPS No. 6031 /2023 The facts in the present case is identical to that of WPS No. 5595/2023 except the fact that the date of appointment of appointment and place of posting of the petitioners, who are also the Anganwadi Workers, is different. WPS No. 6295 /2023 Mr. Ratnesh Kumar Agrawal, learned counsel for the petitioners submits that the petitioners herein are Anganwadi Workers who are aggrieved by Rule 8(2) of the Rules of 2023, which prescribes the age limit and eligibility criteria for appearing in the limited direct recruitment for the post of Supervisor. The grievance of the petitioners herein is that though they have completed 20-25 years of service as Anganwadi Workers but there is no preference given to them while being recruitted to the post of Supervisor and most of them have also crossed the age limit of 45 years and in such a situation, they have completely lost their promotional chance to the next higher post. As such, they pray that the respondent authorities may be directed to provide bonus marks to the petitioners as per their experience and to struck of Rule 8(2) of the Rules of 2023. In support of their contention, they rely on a decision of the Supreme Court in Dr. (Major) Meeta Sahai v. State of Bihar & Others, { (2019) 20 SCC 17 }, a Division Bench decision of the Delhi High Court in Sachin & Others v. Central Reserve Police Force & Another, {WP(C) No. 90/2023, decided on 20.01.2023} and a Division Bench decision of the Rajasthan High Court in Archana v. State of Rajasthan & Others {2014(1) RLW 478 (Raj)}. WPS No. 9138 /2023 Mr. Mirza Hafeez Baig, learned counsel for the petitioners submit that the petitioners have been working on the post of Anganwadi Workers for the last 20-25 years and have crossed the age of 45 years, are aggrieved by Rule 8(2) of the Rules of 2023. They pray that the advertised for filling up the 220 posts of Supervisors through limited direct recruitment may be quashed and the said posts may be filled up by reorganizing the exam and the petitioners may be granted grace/bonus marks on the basis of their long experience on the post of Anganwadi Worker and if any appointments have been made pursuant to the said advertisement (Annexuer P/2), the same may be cancelled. WPS No. 272 /202 4 Mr. WPS No. 272 /202 4 Mr. Yogendra Chaturvedi, learned counsel for the petitioner submits that the petitioner herein is an Anganwadi Worker aged about 49 years who his working on the said post for more than 10 years. She is deprived of any opportunity to participate in the recruitment process of Supervisor Grade III on the ground that she had cross the age limit of 45 years. As such, she seeks quashing of the amendment dated 28.07.2008 made to Rule 4 of the Rules of 1997 by inserting a proviso and also Rule 12(3) of the Rules of 2008. The petitioner herein states that the directions given by the ICDS on 04.09.2015 has not been implemented by the State Government and as such, the petitioner is not getting the beneit of being promoted to the post of Supervisor. The petitioner has further prayed that the appointment of the respondents No. 5 to 9 may be quashed. 10. In response to the averments made in WPS No. 803/2022, relying on the return iled, Mr. Marhas, learned Additional Advocate General states that it is a settled principle laid down by catena of judgments passed by the Hon'ble Supreme Court, that the Rules made under the proviso to Article 309 of the Constitution of India being legislative in character cannot be struck down merely because the Courts think that they are not reasonable, they can be struck down only on the grounds upon which a legislative measure can be struck down. The only test that that such Rule has to pass is that of Articles 14 & 16 of the Constitution of India. Further, it has been held that in a situation of manifest arbitrariness, then a Rule can be held to be ultra vires. That, the erstwhile State of Madhya Pradesh, in exercise of powers conferred by the proviso to Article 309 of the Constitution of India in supersession of Madhya Pradesh Civil Services (Special Provision for appointment of Women in the Public Services and Posts) Rules, 1996 issued vide General Administration Department Notification F.No. C- 33-11-96-3-1 dated 01.11.1996 published in the "Madhya Pradesh Gazette" extraordinary dated 01.11.1996, the Governor of Madhya Pradesh makes the Rules relating to the reservation of posts in direct recruitment for women in public service and posts in connection with the affairs of the State, namely, the Rules of 1997. 11. 11. Rule 4 states about age relaxation that "there shall be an age relaxation of 10 years for women candidates for direct appointment in all posts in the services under the State in addition to the upper age limit prescribed in any service rules or executive instructions." The State came up with an amendment vide notification dated 28.07.2008 whereby, in Rule 4 of 1997 following proviso was inserted namely, "Provided, that this relaxation shall be to the extent that in no case, the upper age limit of the female candidates for direct recruitment shall exceed 45 years of age." 12. Admittedly, the post of Supervisor, 100% belongs to women category and the service conditions are governed by Rules of 2008. It is respectfully submitted herewith that as per Rule 12 of the Rules of 2008, the qualification prescribed for the anganbadi Workers to be included in the procedure of limited direct recruitment to the post of Supervisor are as follows:- Procedure for limited direct recruitment - Following procedure shall be adopted for providing opportunity to the Anganwadi Workers having required qualification for limited direct recruitment as Supervisor. But not exceed 25% worker. “Qualification Following shall be the qualification for Anganwadi workers to be included in the procedure of direct recruitment to the post of supervisor from Anganwadi worker. (i) The Educational Qualification for Anganbadi worker shall be shall be higher secondary pass (11th according to old course or 12th according to present 10 + 2 system). (ii) Continuous 10 years or more service period at the post of Anganwadi worker. (iii) The maximum age of Aanganbadi Worker shall not exceed 45 years on the first day of January of the year of commencement of examination/selection. It shall not be relaxable on any ground. (iv) In the recruitment process the guidelines issued from time to time by the General Administration Department shall be followed. (v) In these posts, selection by limited direct recruitment shall be done through examination/selection conducted by committee assessed for this purpose by the appointing authority.” 13. Through amendment dated 01.10.2008 made in Rules, 2008, the amendment was carried on in Rule 12 which provides for the opportunity to the Anganwadi Workers for the post of Supervisor upto 25% of vacancies of Supervisor to be filled up by the limited direct recruitment. Through amendment dated 01.10.2008 made in Rules, 2008, the amendment was carried on in Rule 12 which provides for the opportunity to the Anganwadi Workers for the post of Supervisor upto 25% of vacancies of Supervisor to be filled up by the limited direct recruitment. In the light of the guidelines issued by the Ministry of Women and Child Development, Government of India dated 15.09.2015, further amendment was carried on in Rules, 2008 vide notification dated 25.10.2017 issued by exercising the powers conferred by the proviso under Article 309 of the Constitution of India. As per the amendment, the opportunity for selection to the post of Supervisor through limited direct recruitment was increased from 25% to 50% for the eligible Anganwadi Workers. Accordingly, amendment was also made in Serial No. 06 of Schedule II of the Rules, 2008. 14. As per Rules of 2008, the minimum age fixed for the post of Supervisor is 18 to the maximum age of 45 with experience of continuous service of 10 years as Anganwadi Worker for limited direct recruitment. It is to specify that those Anganwadi Worker having above qualifications can only be permitted to participate in the limited direct recruitment process for the post of Supervisor as per the Rules, 2008. Further, there is no such condition of continuous service of 10 years for participating in the direct recruitment process for the Supervisor Post by any candidates that may be an Anganwadi Worker. Some of the Anganwadi Workers had participated in the limited direct recruitment process conducted in the year 2013 by the respondent authority, but failed to be selected on the ground that, as on that date, they were not having experience of continuous service of 10 years as Anganwadi Worker. The grievance of the petitioners is that, after 2013, there was a gap of 8 years and in the year 2021, the respondent authority initiated the recruitment process through limited direct recruitment process for the post of Supervisor in which, they were not allowed to participate on the ground that they had crossed the age of 45 years as fixed to be upper age limit in Rules of 2008. It has been contended by the petitioner that because of gap of 8 years, they have lost the chance to be promoted for the post of Supervisor and after 8 years, they have been disqualified as being over age. It has been contended by the petitioner that because of gap of 8 years, they have lost the chance to be promoted for the post of Supervisor and after 8 years, they have been disqualified as being over age. Further, it has been contended by the petitioners that the amendment came in 2008 in Rules of 1997 is unreasonable and arbitrary which is applicable in Rules of 2008 as the person who will acquire 10 years of continuous service experience will automatically cross the ceiling of 45 years age limit, therefore, such amendment made in Rules 4 of Rules of 1997 be declared as ultra vires. The respondent authority, vide employment notice dated 30.11.2021 along with the instruction provided in the website portal of CGVYAPAM published for selection process in the vacant post of Supervisor through direct recruitment as well as through limited direct recruitment process, the respondent authority intend to ill up 200 vacant posts of Supervisor through both the modes of recruitment. After re-organization of the State of Chhattisgarh, the Rules of 2008 for the post of Supervisor came into effect and thereafter, the first selection process was initiated in the year 2010 followed by selection process conducted in 2013. In 2010 and 2013, the candidates that were selected were 770 and 555 respectively. Further, it is submitted that there is no such mandatory provision in Rules of 2008 to conduct selection process in each and every year. Further, the selection by the mode of limited direct recruitment has to be through competitive examination conducted by the CGVYAPAM. The selection/recruitment process to be conducted as per the State Finance policy and on availability of vacant posts. The selection process was conducted in 2013 which continued till 2015 to ill up all the vacant posts that arose in those years. From the year 2016 to 2018, the recruitment process was partially kept in abeyance through orders dated 02.05.2015, 02.05.2016 and 02.05.2018 issued by the Finance Department except in the recruitment process conducted by the Public Service Commission and for compassionate appointments. Therefore, no steps were taken to initiate the recruitment process in those years. From the year 2016 to 2018, the recruitment process was partially kept in abeyance through orders dated 02.05.2015, 02.05.2016 and 02.05.2018 issued by the Finance Department except in the recruitment process conducted by the Public Service Commission and for compassionate appointments. Therefore, no steps were taken to initiate the recruitment process in those years. Thereafter, the respondent authorities sent a proposal for initiation of selection process to ill up the vacant post to which, the Finance Department vide order dated 03.08.2018 granted the sanction for the recruitment process, but again, vide order dated 29.04.2019 issued by the Finance Department, direct recruitment process was kept in abeyance until further orders. As a result, the recruitment process could not be initiated in light of the partial ban imposed by the Finance Department. At present, after getting sanction and approval from the Finance Department, the respondent authority has initiated recruitment process for 200 posts of Supervisor through direct recruitment and limited direct recruitment process. Because of above contingencies which arose in between the year 2013 to 2021, the selection process could not be conducted for the post of Supervisor which was not absolutely under the control of the respondent authority. Therefore, it cannot be said that the gap of 8 years in conducting recruitment process was arbitrary on the part of the State. Hence, such adverse remarks made by the petitioner are liable to be rejected. 15. It is further submitted that the Rules of 2008 categorically and specifically provides for fixing the upper age limit of Anganwadi Worker to be 45 years, it has been further provided that there shall not be any relaxation on the age limit on any ground. Therefore, the action of the respondent authority debarring the petitioner from participating in the instant selection process was within the framework of the Rules, 2008. The amendment made in Rule 4 of the Rules of 1997 i.e. fixing the age limit for the female candidates in direct recruitment process to be 45 years is universally applicable in every recruitment process of all Departments within the State. It is here to submit that prescribing any age limit for the given post as prescribed in Rule are the essential matters of policy, such a decision can be struck down only when it is arbitrary. It is here to submit that prescribing any age limit for the given post as prescribed in Rule are the essential matters of policy, such a decision can be struck down only when it is arbitrary. Further, the petitioners have failed to point out any specific or particular arbitrariness in the Rules by fixing up age limit of 45 years. A certain degree of arbitrariness may appear on the face of any age limit which is prescribed, since a candidate on the wrong side of the line may stand excluded as a consequence. The petitioners have not come up with any ground that such fixing the upper age limit to reach to the conclusion that it has been fixed without any rationale basis or is manifestly unreasonable so as to reach to a conclusion of violation of Article 14 of the Constitution. Therefore, the prayer made by the petitioners in these petitions to declare the amendment in Rules of 1997 to be arbitrary and ultra vires cannot be allowed and the petition is liable to be dismissed on the above grounds. As per the State’s circular dated 06.08.2020, the direct recruitment candidate would be posted on probation for 3 years, thereafter, they will attain the status of regular employee on that posts. Therefore, if an over age candidate is being selected, after completion of probation years there would not be sufficient years of service for such candidate before their retirement. Further, in light of above reason, it could not be said that, the amendment made in Rule 4 of Rules of 1997 seems to be reasonable and non- arbitrary. 16. Further, the next promotional post for the Supervisor is the post of Child Development Officer (Project Officer), who has to perform supervisory role on approximately 100 to 300 Anganwadi Centers within a Block. Therefore, looking to the supervisory role as well as the nature of work to be performed by a Supervisor as well as by the Project Officer, the candidate should have sufficient years of experience as an Anganwadi Worker. Therefore, the Rules has put an essential condition of continuous service of 10 years as an experience of Anganwadi Worker. The condition of 10 years of experience is having rational nexus with the object sought to be achieved as submitted above. Therefore, the Rules has put an essential condition of continuous service of 10 years as an experience of Anganwadi Worker. The condition of 10 years of experience is having rational nexus with the object sought to be achieved as submitted above. In light of the above submissions, it cannot be said from any angle that the work experience of continuous 10 years of service to be arbitrary or irrational. The essential qualification of continuous 10 service experience or more service period on the post of Anganwadi Worker was made in light of the guidelines issued by Ministry of Women and Child Development, Government of India dated 15.09.2015 which clearly states that "50% of vacancies in the post of Supervisor would be filled up by promotion from amongst "AWWs" with 10 years of experience as "AWWs" and having the prescribed educational qualifications as per the recruitment rules for the post of Supervisor, failing which, the vacancy would be filled up by direct recruitment." In 2010 and 2013, the selection process was initiated to ill up the post of Supervisor in light of the Rules of 2008. In those selection process, both modes of recruitment i.e. direct recruitment and limited direct recruitment process was conducted and as per the Rules, 2008 any candidate which may also be an Anganwadi Worker can participate in the selection process for the post of Supervisor through direct recruitment mode in which there is no such criteria of minimum years of service experience. 17. The Rules of 1997 and 2008 are legislative in character and it is only in a situation of manifest arbitrariness that a rule can be held to be ultra vires. A candidate has no fundamental right to assert that vacancies for recruitment must be filled up every year. The right of a candidate is only to be considered for selection on the basis of the Rules as they exist when the selection takes place. Reliance is placed on a Division Bench judgment of Allahabad High Court in Sanjay Agarwal v. State of Uttar Pradesh, {2007 SCC Online All 1554}. 18. As per the verdict of the Hon'ble Supreme Court, the Court cannot sit in appeal against the policy decision taken by the respondent authorities and only the employer should decide what is the maximum age limit. 18. As per the verdict of the Hon'ble Supreme Court, the Court cannot sit in appeal against the policy decision taken by the respondent authorities and only the employer should decide what is the maximum age limit. Even, there cannot be any relaxation of age in the light of absolute bar in the Rule for such relaxation. Further, mere the advertisement has been published at a much belated stage which cannot also be a ground for granting relaxation to the upper age limit because the proper explanation has been given by the answering respondent authorities for such delay. It is well settled that it is open to the appointing authority to lay down requisite qualifications for recruitment to Government Service as this pertains to the domain of policy (See: Banarsidas & Others v. State of U.P. & Others {(1956) SCR 356} and Commissioner, Corp of Madras V. Madras Corp. Teachers' Mandram & Others { (1997) 1 SCC 253 . 19. Reliance is further placed on the decision rendered by the Supreme Court in V.K. Sood v. Secretary, Civil Aviation and others {(1993) Supp 3 SCC 9} wherein it has been held that in exercise of the rulemaking power, the President or authorized person is entitled to prescribe method of recruitment, qualifications, both educational as well as technical, for appointment or conditions of service to an office or a post under the State. It was further held that the rules having been made in exercise of the power under proviso to Article 309 of the Constitution, being statutory, cannot be impeached on the ground that the authorities have prescribed tailor made qualifications to suit the stated individuals whose names have been mentioned in the appeal. It was also held by their Lordships of the Supreme Court that no motives can be attributed to the Legislature in making the law. Their Lordships finally held that it is for the rule-making authority to regulate the method of recruitment, prescribe qualifications etc. and this is not the province of the Court to trench into and prescribe qualifications. 20. The petitioners who did not participate in direct recruitment mode on previous occasions cannot assert a violation of their fundamental rights. The validated Rule cannot be made to depend on the cases of individual hardship. It inevitably arises in applying a principle of General Application. 20. The petitioners who did not participate in direct recruitment mode on previous occasions cannot assert a violation of their fundamental rights. The validated Rule cannot be made to depend on the cases of individual hardship. It inevitably arises in applying a principle of General Application. Essentially, the fixing of the upper-age limit lies in a reclaim policy and further, the upper age limited fixed as per the amendment made in Rule 4 of Rules 1997 is applicable in every selection process for all the posts within the State. The Hon'ble Court in exercise of powers of judicial review does not take the function of rule making available to the respondent authorities who discharged that function while framing the Rules. 21. In WPS No. 5149/2023, in addition to the above, the State has submitted that vide notification dated 30.05.2023, the State, while exercising the powers conferred by the proviso to Article 309 of the Constitution of India, has framed the Rules of 2023 and the recruitment process initiated through advertisement dated 04.07.2023 is governed by the said Rules. 22. In WPS No. 5595/2023 and 6031/2023, the State has filed its reply submitting that it is a settled principle laid down by catena of judgments passed by the Hon'ble Supreme Court, that the Rules made under the proviso to Article 309 of the Constitution of India being legislative in character cannot be struck down merely because the Courts think that they are not reasonable, they can be struck down only on the grounds upon which a legislative measure can be struck down. The only test that that such Rule has to pass is that of Articles 14 and 16 of the Constitution of India. Further, it has been held that in a situation of manifest arbitrariness, then a Rule can be held to be ultra vires. 23. Rule 6 of Rules 2023 deals with recruitment method which provides that for the post of Supervisors out of total vacancies 50% post to be filled by competitive examination held for open direct recruitment and remaining 50% post to be filled by limited competitive examination amongst working Anganwadi Workers. 23. Rule 6 of Rules 2023 deals with recruitment method which provides that for the post of Supervisors out of total vacancies 50% post to be filled by competitive examination held for open direct recruitment and remaining 50% post to be filled by limited competitive examination amongst working Anganwadi Workers. The contention of the petitioners is that this provision is contrary to the guidelines dated 15.09.2015 issued by Ministry of Women and Child Development, Government of India in which it has been recommended that 50% vacancies of the post of Supervisor should be filled up by promotion. Further it has been contended by the petitioner that in other States like Madhya Pradesh, Punjab, Uttarakhand and Uttar Pradesh, there is provision for promotion of Anganwadi workers to post of Supervisor and here the Rules does not provide for such provision. 24. Vide circular dated 02.04.2008, the State came up with the guidelines relating to terms and conditions of appointment of Anganwadi Workers. In said circular, clause 1.1 specifically provides that the post of Anganwadi Workers is purely based on honorarium payment and the post is non- government post. Anganwadi Workers are paid a fixed honorarium of Rs. 10,000/- per month in which the Central Government contribute for Rs. 4500/- (45%) of honorarium paid to Anganwadi workers. Further clause 1.5 of the said guidelines provide that recruitment for the post of Anganwadi Worker is be done amongst candidates of same village where the Anganwadi Centre is proposed to be opened i.e. to say for the post of Anganwadi worker there will be competition amongst the eligible candidates belonging to same village. Further the clause 1.6 provides about the educational qualification for the post of Anganwadi Worker and it further provides that in particular village in case of non-availability of candidates with requisite educational qualification, then the educational qualification can be relaxed upto extent that mere literate women candidate can be taken for selection on such post. Therefore, it was found that there is no similarity in the educational standard of the Women candidates selected on the post of Anganwadi Workers from different villages. Therefore, in light of above situation if recruitment for the post of Supervisor is done on basis of promotion then any senior candidate who is having less educational qualification would be promoted ahead to the candidate who is having higher educational qualification. Therefore, in light of above situation if recruitment for the post of Supervisor is done on basis of promotion then any senior candidate who is having less educational qualification would be promoted ahead to the candidate who is having higher educational qualification. Therefore, in light of above scenario, the provision of Rule 6(1)(b) of Rules 2023 shows that there is a reasonable nexus for framing such rule for filling 50% post of Supervisor through competitive examination from Anganwadi Workers. 25. It is further submitted that in the State, the promotion of an employee is governed by the Chhattisgarh Public Services (Promotion) Rules 2003 which further provides that the rule is only applicable for regular Government post. Herein, as discussed above, the post of Anganwadi Workers is purely a non-government post, therefore, even the Promotion Rules, 2003 could not be made applicable for them. In light of the above submission, it is clear that the Anganwadi Worker could not be promoted nor the provisions of promotion could be inserted in the Rules 2023. 26. There are approximate 52,474 Anganwadi Centres and approximately 52,000 Anganwadi Workers are working therein. Whereas, in whole State there are only 1866 post of Supervisor is available and recruitment for the post of Supervisor is done at State level. Every year, approximately 50-100 posts of Supervisor becomes vacant out of which 50% i.e. 25-50 posts are filled up through open direct recruitment process and rest 25-50 posts are available for working Anganwadi Workers. Even it is next to impossible to ix any criteria of promotion for such large numbers of Anganwadi Workers in comparison to the number of post of Supervisor, therefore, there is no illegality or arbitrariness in Rule 6(1)(b) of Rules 2023. Admittedly, the post of Supervisor, 100% belongs to women's category and earlier the service conditions were governed by the Rules of 2008. As per rule 12 of Rules of 2008 not exceed 25% of Anganwadi Worker were getting the opportunity for selection to the post of Supervisor through limited direct recruitment process by participating in competitive examination. Through amendment dated 01.10.2008 made in Rules of 2008, the amendment was carried on in Rule 12 which provides for the opportunity to the Anganwadi Workers for the post of Supervisor upto 25% of vacancies of Supervisor to be filled up by the limited direct recruitment. Through amendment dated 01.10.2008 made in Rules of 2008, the amendment was carried on in Rule 12 which provides for the opportunity to the Anganwadi Workers for the post of Supervisor upto 25% of vacancies of Supervisor to be filled up by the limited direct recruitment. Further amendment was carried on in Rules of 2008 vide notification dated 25.10.2017 issued by exercising the powers conferred by the proviso under Article 309 of the Constitution of India. As per the amendment, the opportunity for selection to the post of Supervisor through limited direct recruitment was increased from 25% to 50% from the eligible Anganwadi Workers. Accordingly, amendment was also made in Serial No. 06 of Schedule II of the Rules of 2008. 27. The recruitment for the post of Supervisor was conducted in the year 2010, 2014 and 2021 under the Rules of 2008 both through open direct recruitment method and limited direct recruitment method, and the provision provided in Rule 6(1)(b) of Rules 2023 is not new one because the identical provision was also available in Rule 12 of Rules 2008 by which recruitment has been done in past. The respondent authority, vide employment notice dated 04.07.2023 along with the instruction provided in the website portal of respondent No. 4 had published advertisement for recruitment in the vacant post of Supervisor through direct recruitment as well as through limited direct recruitment process. The respondent authority intent to ill up 420 vacant posts of Supervisor through both the modes of recruitment. The advertisement issued under the Rules of 2023 for filling the post of Supervisor in which approximately 2.99 lakhs applications have been received in open direct recruitment mode and approximately 35 thousand applications were received in limited direct recruitment mode out which approximately 24 thousand of Anganwadi Workers had participated in competitive examination for the post of Supervisor. 28. The post of Supervisor is of Class-II Executive post and as per Rules of 2008, the next promotional post for the Supervisor is the post of Child Development Officer (Project Officer), who has to perform supervisory role at approximately 100 to 300 Anganwadi Centers within a Block. 28. The post of Supervisor is of Class-II Executive post and as per Rules of 2008, the next promotional post for the Supervisor is the post of Child Development Officer (Project Officer), who has to perform supervisory role at approximately 100 to 300 Anganwadi Centers within a Block. Therefore, looking to the supervisory role as well as the nature of work to be performed by a Supervisor as well as by the Project Officer, the candidate should have sufficient management and planning skills and to find out suitable candidate, conducting the competitive examination is the best method of selection. It is further here to submit that the method of selection as provided in Rule 6(1)(b) of 2023 have reasonable rationale nexus with the object sought to be achieved as submitted above. In light of the above submissions, it cannot be said the method of selection as provided in Rule 6(i)(b) to be arbitrary or irrational. If selection is to be done amongst such large numbers of candidates then the best method of selection would be through competitive examination. Further as per data submitted above there are approximately 52,000 Anganwadi Workers are available within the State for very limited post of Supervisor therefore the Rules of 2023 provide for selection method to be through limited competitive examination for the post of Supervisor. Further in other Departments of State like Revenue and Excise departments, the post of Naib Tehsildar and Excise Sub Inspector are filled up through limited competitive examination but not by promotion from candidate of clerical post. In selection through competitive examination, all eligible Anganwadi Workers gets the opportunity to participate in selection process, therefore, it is more beneficial selection process than the selection method of promotion. So far as the contention of the petitioner that provision of Rule 6(1)(b) of Rules of 2023 is contrary to the guidelines issued by Ministry of Women and Child Development, Government of India dated 15.09.2015, the respondents hereby submit that it is mere guidelines issued by the Central Government which is not mandatory in nature, therefore the State Government is not bound with the directions issued in said guidelines. So far contention of the petitioner that in other States, there is provision of promotion from post of Anganwadi workers to the post of Supervisor is concerned, the statute enacted by a competent State legislature cannot be declared unconstitutional by comparing it with the enactment made by other State legislations. The State/respondent relies on the decision of this High Court in Pushpa Sahu v. State of Chhattisgarh {2021 SCC OnLine Chh 2802} wherein it has taken note of the decision of the Supreme Court in Babu Ram Gopal v. Mathia Dass { (1990) 2 SCC 279 }. Reliance has also also been placed on the decision of the Supreme Court in T.N. v. Ananthi Ammal, { (1995) 1 SCC 519 }. 29. The validated Rule cannot be made to depend on the cases of individual hardship. It inevitably arises in applying a principle of general application. Essentially, the fixing of the mode of selection lies in a reclaim policy and further, the Hon'ble Court in exercise of powers of judicial review does not take the function of rule making available to the respondent authorities who discharged that function while framing the Rules. 30. Further reliance has been placed by the State/respondent on the decision of the Supreme Court with respect to dealing with validity of the subordinate legislation in the matter of State of T.N. v. P. Krishnamurthy, { (2006) 4 SCC 517 }. In the present case the petitioners have failed to established any of the grounds to quash Rule 6(1)(b) of Rules of 2023. Therefore, the present petitions being devoid of merits and substance are liable to be dismissed. 31. In WPS No. 6295/2023, the State has filed its return stating, in addition to what has been stated above, that in the instant case, the petitioners are working as Anganwadi Worker since 20-25 years. The Department had conducted limited direct recruitment process for the post Supervisor in the year 2008, 2013 and 2021, but the petitioners failed to be selected. The grievance of the petitioners is that there is no provision in Rules of 2023 regarding giving preference on the basis of experience in selection process to the post of Supervisor. Prescribing conditions of eligibility criteria for any post as prescribed in Rule are the essential matters of policy and with the domain of State. The grievance of the petitioners is that there is no provision in Rules of 2023 regarding giving preference on the basis of experience in selection process to the post of Supervisor. Prescribing conditions of eligibility criteria for any post as prescribed in Rule are the essential matters of policy and with the domain of State. Further the Hon'ble Supreme court in the matter of Census Commissioner & Others Vs. R. Krishamurty {(2015) 2SCC 796} has observed that it is clear that it is not within the domain of the courts to embark upon and enquiry as to whether a particular public policy is wise and acceptable or whether a better policy could be evolved. The court can only interfere if the policy framed is absolutely capricious or not informed by reasons or totally arbitrary and founded ipse dixit offending the basic requirement of Article 14 of the Constitution. In present case the petition has not raised any of the grounds as mentioned above for declaring the Rule 8(2) of Rules of 2023 to be ultravires. So far another relief prayed by the petitioners that to direct the respondent authorities to provide bonus mark to the petitioners as per experience of the work of Anganwadi Worker in selection process for the post of Supervisor, to which the respondent herein submits that the instant relief cannot be granted to the petitioner in light of the judgment passed by the Hon'ble Supreme Court in the matter of V.K.Naswa Vs. Home Secretary, Union of India & Others { (2012) 2 SCC 542 } wherein it has been observed in clear and categorical terms that the Court do not issue directions to the legislature directly or indirectly and any such directions if issued would be improper. It is outside the power of judicial review to issue directions to the legislature to enact a law in a particular manner, for the Constitution. 32. No return has been iled by the State in WPS No. 9138/2023 and 272/2024. 33. Mr. Animesh Tiwari and Ms. Akanksha Singh, learned counsel appearing for the respondent-CGVYAPAM would submit that CGVYAPAM is only an agency which is responsible for conducting the examination. After conducting of the examination and declaration of the result, it is for the State to proceed further with the recruitment process. 34. 33. Mr. Animesh Tiwari and Ms. Akanksha Singh, learned counsel appearing for the respondent-CGVYAPAM would submit that CGVYAPAM is only an agency which is responsible for conducting the examination. After conducting of the examination and declaration of the result, it is for the State to proceed further with the recruitment process. 34. In WPS No. 5149/2023, Smt. Manjusha Tirkey has filed an intervention application on the ground that on account of various interim orders passed by this Court in different matters, though she had crossed the age of 45 years, was allowed to participate in the recruitment process but since she had crossed 45 years of age, her result is not being declared by the respondents. 35. We have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 36. It would be beneficial to quote the relevant provisions of the Rules which are under challenge in this batch of petitions. The amendment to Rule 4 of the Rules of 1997 reads as under: “Provided that this relaxation shall be to the extent that in no case the upper age limit of the female candidates for direct recruitment shall exceed 45 years of age.” 37. The Rule 12(3) of the Rules of 2008 reads as under: “12. Procedure for limited direct recruitment - Following procedure shall be adopted for providing opportunity to the Anganwadi Workers having required qualification for limited direct recruitment as supervisor. But not exceed 25 percent worker. xxx xxx xxx (3) The maximum age of Anganwadi worker shall not exceed 45 years on the first day of January of the year of commencement of examination/selection. It shall not be relaxableon any ground. xxx xxx xxx” 38. Rule 6(i)(b) of the Rules of 2023 reads as under: “6. Method of recruitment. (i) Recruitment to the service, after the commencement of these rules, shall be made by the following methods, namely:- (a) xxx xxx xxx (b) 50% of the remained vacancies shall be filled by competitive examination held for limited direct recruitment from “Anganwadi Workers”” 39. Rule 8(1)(j) and 8(2) of the Rules of 2023, alongwith Schedule III reads as under: “8. (i) Recruitment to the service, after the commencement of these rules, shall be made by the following methods, namely:- (a) xxx xxx xxx (b) 50% of the remained vacancies shall be filled by competitive examination held for limited direct recruitment from “Anganwadi Workers”” 39. Rule 8(1)(j) and 8(2) of the Rules of 2023, alongwith Schedule III reads as under: “8. Conditions of eligibility for direct recruitment xxx xxx xxx (j) Candidates obtaining the benefit of relaxation in maximum age limit on the basis of their category (Scheduled Castes/Scheduled Tribes/ Women/ Widow/ Divorcee etc.) shall be given additional relaxation available in maximum age limit as usual, but in any case the maximum age shall not exceed 45 years irrespective of age relaxation under one or more than one category mentioned above. xxx xxx xxx (2) For limited direct recruitment-Only working Anganwadi Workers can apply for the post of Supervisor under limited direct recruitment. An Anganwadi Worker must satisfy the following conditions, namely:- (i) Age limit-The candidate must have attained the age as specified in column (3) of Schedule-III and must not have attained the age as specified in column (4) of the said Schedule on the first day of January of the year in which the advertisement for the post is published. Guidelines issued by General Administration Department regarding age limit shall also be effective. (ii) Educational qualification and experience-The candidate must have such educational qualification and experience as specified in column (5) of Schedule-III.” SCHEDULE –III S. No. Name of service/post Minimum Age limit Maximum Age limit Prescribed Qualification and Experience Remarks (1) (2) (3) (4) (5) (6) 1 Supervisor (open direct recruitment) 25 years 35 years Graduation degree from any recognized University (1) Only female candidates shall be eligible for the post of Supervisor. (2) Selection Committee- (i) Chairman (ii) Representative member of Scheduled Castes (iii) Representative member of Scheduled Tribes (iv) Representative member of Other Backward Classes (v) Representative member of Women (3) In the computation of service experience and age of Anganwadi Worker, duration up to 1st January of the year in which the advertisement for the post of Supervisor is published shall be included. 2 Supervisor (Limited Direct Recruitment from working Anganwadi Workers) 25 years 35 years (1) Passed Higher Secondary (10+2) examination from any recognized Board OR Passed old Higher Secondary Examination from any recognized Board (2) Continuous 05 years service experience on the post of Anganwadi Worker (3) Should be working on the post of Anganwadi Worker 40. It would also be relevant to quote the guidelines issued by the Ministry of Women and Child Development, Government of India, on 15.09.2015, which reads as under: “No. 1-2/2014-CD.I Government of India Ministry of Women & Child Development Shastri Bhawan, New Delhi-1, Dated: the 15" September 2015 To All Secretaries dealing with ICDS in States/UTs Subject: Recruitment of Supervisors under the ICDS Scheme - regarding. Sir, As you are aware, the Anganwadi Workers (AWWs) are the most important functionary at the village level under the ICDS Scheme. Recent years have witnessed not only an exponential increase in the Anganwadi Centres/ Anganwadi Workers but also significant special efforts aimed at ensuring quality in the delivery of services and community participation. Accordingly, the responsibilities of the Anganwadi Worker has increased tremendously and she is now required to perform multiple tasks ranging from delivery of vital services, involving Community/Women’s Groups/Mahila Mandals and for ensuring the effective convergence of various sectoral services. 2. In the 'Broad Framework for Implementation of Restructured ICDS approved by the Cabinet with the Restructuring & Strengthening of ICDS, the following provisions for rationalization of appointment of AWWs as Supervisors have been made: (I) 25% posts of Supervisors reserved for AWWs would be filled by the method of induction under the ICDS Mission subject to fulillment of desired educational qualification and age criteria; and (ii) Additional provision for filling up of 25% of vacant posts from AWWSs based on their merit and track record of service and additional qualification would also be made. 3. The above position has been reviewed keeping in view the aspirations of these field functionaries, to encourage their participation in the higher posts vis a vis their merit and to improve their career prospects. 3. The above position has been reviewed keeping in view the aspirations of these field functionaries, to encourage their participation in the higher posts vis a vis their merit and to improve their career prospects. The following guidelines on promotion and appointment of AWWs to the posts of Supervisors, in supersession of earlier guidelines, are conveyed to the States/ UTs for compliance: (i) The 50% of vacancies in the posts of Supervisors would be filled up by promotion from amongst AWWs with 10 years of experience as AWWs and having the prescribed educational qualifications as per the Recruitment Rules for the post of Supervisor, failing which the vacancies would be filled up by direct recruitment; and (ii) The remaining 50% vacancies in the posts of Supervisors would be filled up by direct recruitment. 4. Extant reservation orders on the subject issued by the Government in respect of Scheduled Castes, Scheduled Tribes and Other Backward Classes may be kept in view by the State Governments while inalizing Recruitment Rules for the posts of Supervisors. 5. The above guidelines are subject to ratification by the National Mission Steering Group (NMSG). 6. It is requested that the States/UTs may amend Recruitment Rules for the posts of Supervisors as per the above guidelines on urgent basis and a copy of such Recruitment Rules, after being notified, may be sent to this Ministry. Yours faithfully, Sd/- Illegible (Krishna Bahadur Singh) Director (ICDS) Telefax: 011-2338 5192” 41. In this batch of writ petitions, the first challenge is to the amendment brought to the Rule 4 of the Rules of 1997 by adding a proviso which creates a bar for direct recruitment with respect to the upper age limit of the female candidates. Another challenge is to Rule 12(3) of the Rules of 2008 which also restricts the maximum age to be 45 years for the post of Supervisor. Similarly, Rule 6(i)(b) of the Rules of 2023 provides that 50% of the vacancies to be filled by limited direct recruitment and Rule 8(1)(j) of the Rules of 2023 also restricts the upper age limit to be 45 years, irrespective of age relaxation under various heads. Rule 8(2) of the Rules of 2023 is also under challenge which again restricts the maximum age limit to be 45 years for the post of Supervisor. 42. Rule 8(2) of the Rules of 2023 is also under challenge which again restricts the maximum age limit to be 45 years for the post of Supervisor. 42. The basic grievance of the petitioners are that because of the aforesaid amendment and the Rules, the petitioners, who are working as Anganwadi Workers for a very long time, are deprived of participating in the limited direct recruitment though they fulfill all the required eligibility criteria except the age bar which is created because of the aforesaid clauses. The case of the petitioners are that they have been working in the Department for a very long time and have sufficient experience. The Department would not be able to utilize their expertise and experience in the field which they have earned in so many years and the work of the Supervisor can be better handled by these Anganwadi Workers instead of directly recruited Supervisors. The further case of the petitioners is that the guidelines issued by the Union of India has not been followed and instead of conducting limited direct recruitment, the petitioners ought to have been promoted directly on the post of Supervisors in light of the guidelines issued by the Government of India. The bar created by the State/respondents have deprived the petitioners of their chances of promotion and they will have to retired from the post of Anganwadi Worker only. 43. The Rules of 2008 provides for 10 years experience on the post of Anganwadi Worker whereas the 2023 Rules provides for 5 years experience as Anganwadi worker to be promoted to the post of Supervisor. However, the maximum age limit in both the Rules is the same i.e. 45 years. 44. One of the contention of the learned counsel for the petitioners is that for a very long time, no vacancies for the post of Supervisors were notified and when the posts were notified, the aforesaid Rules are causing hurdle in their participation and thus, they are being deprived of their right to be considered for promotion. In one petition, the grievance of the petitioner is that the guidelines issued by the Union of India has not been followed and the 50% of the posts advertised for the post of Supervisor should be filled by promotion amongst the Anganwadi workers and not by limited direct recruitment. 45. In one petition, the grievance of the petitioner is that the guidelines issued by the Union of India has not been followed and the 50% of the posts advertised for the post of Supervisor should be filled by promotion amongst the Anganwadi workers and not by limited direct recruitment. 45. True it may be, that the petitioners herein must have gathered quite good experience in their field of Anganwadi Worker that it is not within the domain of this Court to direct the State to frame any rules/guidelines with respect to grant of any additional/bonus marks under the head of their experience or to direct the State to enhance the maximum age limit for participation in the limited direct recruitment as provided under the Rules for the post of Supervisor. It is for the rule-making authority only to regulate the method of recruitment, prescribe qualifications etc. and the Courts cannot venture into the said arena. The petitioners have failed to demonstrate as to how the Rules under challenge are ultra vires the Constitution of India. 46. Another aspect of the matter is that fixing the maximum age limit under the aforesaid Rules would definitely deprive some of the candidates from participating but that cannot be the ground for declaring the said provisions ultra vires. A line has to be drawn somewhere and someone is bound to get affected by the said line and there would always be some persons who will have grievance. But it is for the State and its authorities to decide the said factor. 47. The argument of the learned counsel for the petitioners that despite sufficient experience, just because of the age criteria, the petitioners would not be able to participate in the limited direct recruitment for the next higher post of Supervisor, though appears to be appealing but the said argument does not have legs to stand. The job of a Supervisor involves duties with higher responsibility as the Supervisor has to monitor the working of number of Anganwadi Centers which fall under her. 48. The job of a Supervisor involves duties with higher responsibility as the Supervisor has to monitor the working of number of Anganwadi Centers which fall under her. 48. So far as implementation of the guidelines issued by the Ministry of Women and Child Development, Government of India, on 15.09.2015, which provides that the respective State Governments/ Union Territories should frame rules with respect to filling up of the 50% of vacancies in the posts of Supervisors by promotion from amongst Anganwadi Workers with 10 years of experience as Anganwadi Workers and having the prescribed educational qualifications as per the Recruitment Rules. The aforesaid guidelines is advisory in nature and not mandatory. The State is free accept or reject or implement the same after suitable modifications as per its requirement but the same cannot be said to be binding on the State. Hence, the grievance of the petitioners with respect to non-adhering of the guidelines of the Central Government in this regard, also fails. 49. The petitioners, in none of the case have been able to point out as to how the Rules restricting the maximum age limit to be 45 years, is ultra vires the Constitution, even though it may be limiting their promotional avenues. 50. The Supreme Court, while dealing with validity of the subordinate legislation in P.Krishnamurthy (supra), held that there is a presumption in favour of constitutionality or validity of a subordinate legislation and the burden is upon him who attacks it to show that it is invalid. It is also well recognised that a subordinate legislation can be challenged under any of the following grounds (a) Lack of legislative competence to make the subordinate legislation, (b) Violation of fundamental rights guaranteed under the Constitution of India, (c) Violation of any provision of the Constitution of India, (d) Failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling Act, (e) Repugnancy to the laws of the land, that is, any enactment, and (f) manifest arbitrariness/ unreasonableness (to an extent where the court might well say that the legislature never intended to give authority to make such rules). In the present cases the petitioners have failed to established any of the grounds as mentioned above to quash any of the clauses of the Rules of 2008 or 2023, which is sought to be challenged in this batch of writ petitions. 51. In the present case, the Rules of 2008 and 2023 as well as the amendment made to the Rules of 1997, all have been made in exercise of powers conferred by the provision to Article 309 of the Constitution of India. The amendment and the Rules have been made by the Governor exercising the power under Article 309 of the Constitution of India. Article 309 of the Constitution of India reads as under: "309. Recruitment and conditions of service of persons serving the Union or a State- Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State to make rules regulating the recruitment, and the conditions of service of persons appointed, to such service and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this Article, and any rules so made shall have effect subject to the provisions of any such Act." 52. In B.S.Vadera v. Union of India { AIR 1969 SC 118 }, the Supreme Court held that the rules made under the proviso to Article 309 shall have effect subject to the provisions of the Act i.e. if the appropriate Legislature has passed an Act. In its absence the rules made by the President or by such person as he may direct are to have full effect. 53. Another grievance of the petitioners is with regard to the conducting of the recruitment process after a long gap of time because of which many of the petitioners had crossed the age of 45 years and thus, missed the chance of participating in the recruitment process. 53. Another grievance of the petitioners is with regard to the conducting of the recruitment process after a long gap of time because of which many of the petitioners had crossed the age of 45 years and thus, missed the chance of participating in the recruitment process. If the recruitment process is not initiated every year, that cannot be said to be arbitrary as there can be number of reasons and circumstances for not conducting recruitment process. A Division Bench judgment of Allahabad High Court in Sanjay Agarwal (supra), had observed that nobody can claim as a matter of right that recruitment on any post should be made every year. We are in agreement with the said proposition. Mere publication of the advertisement for recruitment at a belated stage cannot be a ground for grant of any bonus marks or relaxation in the maximum age limit. 54. In view of the foregoing discussions, all these petitions are disposed of looking to the fact that the petitioners have dedicated a quite long period of time to the post of Anganwadi Worker and have crossed the age of 45 years which is restricting their eligibility to participate in the recruitment process for the post of Supervisor, this Court hopes and trusts that the State Government would formulate some suitable scheme or provide some relaxation in the relevant rules so as to afford an opportunity of participation in the recruitment process for the post of Supervisor, to those who lost their chance because of crossing of the age of 45 years, within a period of three months from today. The State Government, if so advised, may also take into consideration implementing the guidelines issued by the Central Government with regard to promoting the Anganwadi Workers on the post of Supervisors, as per its requirement. 55. No order as to cost(s).