ABHILASHA SHARMA Vs. SAROJ DEVI AND ORS.

JUDGEMENT

(1.) Both the writ appeals raise common question as to whether, the selection for the Anganwadi worker can be based on geographical residence of the appellant or that only on account of the place of residence, as the appointment cannot be refused has been held by learned Single Judge vide impugned order dated 5th October, 2010 which precisely has been challenged before us by way of these writ appeals one filed by Smt. Abhilasha Sharma and other by Smt. Neelam Singh Sikarwar. For the sake of reference, we first take the writ appeal filed by Smt. Abhilasha Sharma. The facts necessary for deciding this writ narrated in para 2 of the impugned order are reproduced as under:--

(2.) As per conditions of service for Anganwadi workers, the name of Anganwadi worker must find place in the voters list in the village for which, there is a requirement and such requirement is in accordance with law. In this regard, a Division Bench of this Court has passed such an order in the case of Smt. Sadhana , however, the learned Single Judge discarded the aforesaid requirement taking into consideration the decision rendered by another bench in the case of Savirti Singh v. State of Madhya Pradesh and others, 2003 4 MPLJ 106, wherein, it was held:-

(3.) It has been argued on behalf of the appellant that the aforesaid view taken by the learned Single Judge is not correct, in view of the judgment of this Court in Writ Appeal No. 637 of 2012 decided on 12th October, 2012. In this case in respect of the appointment of Anganwadi, a Division Bench has taken a view that since the appointment of Anganwadi workers requires residence of the local village wherein, the Anganwadi is to be looked after, it was said that such appointment cannot be said to be arbitrary. The observation made are reproduced herein below: