SHINY C.J. Vs. SHALINI SREENIVASAN

JUDGEMENT

(1.) Leave granted.

(2.) Whether Anganwadi Workers having a Secondary School Leaving Certificate (SSLC) with 10 years' experience, by reason of having possessed or obtained a graduate degree; in their eligibility to apply for vacancies of Supervisors in the Integrated Child Development Scheme (ICDS) should be confined to the 11% earmarked for graduates? Whether by such earmarking of vacancies for graduates are they excluded from applying under the 29% vacancies available to Anganwadi Workers holding an SSLC certificate and 10 years' experience, for reason only of possessing a higher qualification?

(3.) Sri. Huzefa Ahmadi, learned Senior Counsel,led the arguments for the appellants and first took us to the rule position as it existed prior to 2013 and after the amendment, applicable from 1/1/2014. It is pointed out that the specific ratio carved out for the graduates amongst the Anganwadi Workers was from the ratio earlier kept apart for direct recruitment from graduates. This does not exclude the graduate Anganwadi Workers who have the requisite experience from applying in the 29% quota which they were always entitled to. Any interpretation otherwise would be discounting the efforts undertaken to obtain a higher qualification. The Anganwadi Workers when they are appointed as Supervisor ICDS resign from their earlier appointment and takes up the services under the ICDS. Many of the graduate Anganwadi Workers appointed in the subject selection have thus resigned and face the prospect of losing their livelihood totally, if the impugned judgment, with a wrong interpretation, is upheld.