UMA DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged the validity, propriety and illegality of the order dated 20th February, 2007 passed by respondent No. 3, by which the order of appointment issued in respect of petitioner appointing her as Anqanwadi worker in ward No. 12 Nagar Panchayat, Mauganj District Rewa has been cancelled, stating that after following due procedure prescribed under the scheme, the appointment order was issued in respect of the petitioner and she joined on the post and started working, was sent for Puls -polio Tikakaran Abhiyan. Without there being any justified reason, only because a complaint was made by respondent No. 4, the impugned order dated 20.2.2007 (Annexure P/8) to the petition has been issued, therefore, the said order is bad in law and is liable to be quashed. It is contended that in terms of the resolution passed, the procedure followed as per the scheme, there was no question of giving such a direction to remove the petitioner from the post only on the complaint made by respondent No. 4. On the basis of these contentions, it is urged that the order impugned is bad in law, liable to be quashed and respondent No. 2 is liable to be commanded to conduct an enquiry and pass suitable order.

(2.) THIS writ petition was entertained and interim relief was granted to the petitioner, notices were issued to the respondents and official respondents have filed their return. It is categorically submitted by the official respondents that the scheme for appointment of Anganwadi worker was formulated by the State Government in Women and Child Development Department and instructions were issued on 27.5.2006 superseding all earlier instructions issued in this respect. It was categorically provided in the said scheme, (copy of which has been placed on as record as Annexure R/1 with the return of official respondents), that the woman candidate should not be less than 18 years and over 45 years of age, the name of the candidate should have been recorded in the voter list of that village/ward, the woman candidate must be a resident of very same village ward where the Anganwadi centre is to be established and appointment of Anganwadi worker is to be made. Restriction is also placed that those, who are closer relatives to the office bearers of the Panchayat or the Government employees posted in the same area will not be given opportunity to be appointed as Anganwadi worker. The educational qualification prescribed for such woman candidate is Higher Secondary/Inter passed. Relaxation in the tribal area is granted to the extent that in case in such area a woman candidate with the qualification of Class -10 passed is not available, the candidate, who has obtained education up to Class -8th will be given appointment as the last recourse.

(3.) THE manner of selection prescribed under the scheme is that where the Gram Panchayat is functioning, the recommendation will be made by the Gram Panchayat and at least three names will be included in the panel which will be referred to the observer and the same will be sent to the Project Officer, Child Development. The preference order will be shown in list panel prepared by the Gram Panchayat and out of the said panel the selection will be made by the competent authority. The selected candidate will be issued the order of appointment.