LAWS(MAD)-2010-9-91

BHARATHI Vs. DISTRICT COLLECTOR SIVAGANGAI DISTRICT

Decided On September 28, 2010
BHARATHI Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) Admittedly, for the post of Anganvadi Assistant the conditions required for appointment are that (i) the person should know read and write; (ii) female alone are eligible to be appointed; (iii) the person must have completed 25 years and not more than 40 years and (iv) preference should only be given to local residents.

(2.) In the present writ petition, the petitioner, who has also participated in the interview for Anganvadi Assistant along with the 4th respondent, challenges the impugned order passed by the first respondent District Collector dated 21.11.2009, by which the District Collector has appointed the 4th respondent as Anganvadi Assistant.

(3.) It is not in dispute that both the petitioner and the 4th respondent are local residents. While the petitioner was aged 34 years at the time of appointment of the 4th respondent, the 4th respondent was aged 32 years. The only ground on which the challenge is made is that the petitioner is old in age and therefore, she should have been given preference. By a reading of the G.O.Ms.No.203 Social Welfare Department dated 19.08.2005, which enables the appointment of Anganvadi Assistant it is clear that there is no such stipulation that the old age person should be given appointment but, it is stated that the person to be eligible for appointment herself not be aged below 25 and not be aged above 40 years.