SATYA BHAMA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two petitions involve common questions and, therefore, they have been heard together and are being disposed of by a common judgment. There are seventeen petitioners in C.W.J.C. No. 6220 of 1993 and twentifive petitioners in C.W.J.C. No. 7342 of 1993. All of them were appointed as Anganwari workers. The petitioners of C.W.J.C. No. 6220 of 1993. were appointed as Anganwari workers in Laxmipur Block in January 1990, while the petitioners of C.W.J.C. No. 7342 of 1993 were appointed as Anganwari workers of Sikandra Block in the years 1982 and 1983. All of them are aggrieved by the decision taken by the State Government pursuant to which their selection/appointment as Anganwari workers has been cancelled after issuing to them a notice to show cause. Their main grievance is that the decision taken by the Government is arbitrary and contrary to the scheme framed by the Central Government. They, therefore, contend that the termination of their appointment, or cancellation of their selection, after so many years of service is clearly -arbitrary. They submit that the basis on which the Government decision proceeds, namely, that the scheme is meant for the benefit of only Scheduled Caste, Scheduled Tribe and expectant mothers belonging to Scheduled Caste, Scheduled Tribe and other backward classes is unwarranted, as the scheme itself lays down in clear terms that the benefits of the package of services offered under the scheme is available to all children and expectant mothers, and is not conceived to benefit only persons belonging to any particular class, tribe or caste.

(2.) THE representative facts are taken from C.W.J.C. No. 6220 of 1993. The case of the petitioners is that under the scheme known as Integrated Child Development Services Scheme (hereinafter referred to as the I.C.D.S), Anganwari Centres were opened in several blocks in the then district of Munger. Such Centres were opened in the year 1982 in Sikandra Block and later in the year 1984 and 1985 in the Jamui Block. There was some delay in the opening of such Centres in Laxmipur Block, but ultimately in the year 1988 and 1989, 166 Anganwari Centres were sanctioned in Laxmipur Block. The Acting Child Development Project Officer issued a notice on 28.2.1989 calling for applications from eligible female candidates. The last date for filing such applications was 15th March 1989. A copy of the said notice has been annexed as Annexure -7 from which it appears that only those female candidates were eligible for selection as Anganwari workers, who were permanent residents of the village or Mohalla where the Centre was located, and who were daughters -in -law of the same Tola or village where the Centre was located. Matriculates were to be given the first preference followed by non -matriculates and uneducated candidates. The candidates were also required to submit certificate of resident from the concerned authority, and if any candidate belonged to the Scheduled Caste or Scheduled Tribe category, she was required to enclose certificate in proof of her caste or tribe. The candidates were also required to furnish certificate in support of their educational qualification. The petitioners and many others applied in response to the notice and they duly appeared before the Committee constituted for the purpose of selecting Anganwari workers in accordance with the scheme of the Central Government, After the selection process was over, the petitioners were selected for appointment as Anganwari workers. Those who possessed the matriculation qualification were to be paid honorarium of Rs. 275/ - and those who were non -matriculate were to be paid Rs. 225/ - per month (subsequently enhanced). A sample copy of the letter of selection has been annexed as Annexure -8 to the writ petition and is dated 25.1.1990. The petitioners claim that they were thereafter sent for training, and after their training was complete they were subjected to written test as also to practical test. After successfully passing the tests, a certificate was issued to them in proof of their having obtained the necessary training. They thereafter continued to work as Anganwari workers to the satisfaction of all concerned. They also assert that they are all daughters -in -law of the village where Anganwari Centres are located and are also mothers. Some of the petitioners are matriculate while some others are non -matriculate. They are all permanent residents of the village where the Centres have been opened.

(3.) IT appears that the Secretary in the Department of Social Welfare wrote a letter to all the Divisional Commissioners, District Magistrates and Deputy Development Commissioners intimating to them the decisions taken by the State Government in regard to I.C.D.S. The first paragraph of the letter states that the child development scheme was an important scheme for the benefit of weaker and oppressed classes. The Government had come to know that the scheme was not being properly implemented at the regional level and, therefore, with a view to properly implement the scheme the Government had taken some decisions. In the instant writ petitions we are not concerned with all the decisions which have been communicated under the said letter, but the decisions as contained in paragraph nos. 1 and 3 of the said letter are relevant. In paragraph no. 1 of the letter it is stated that the Anganwari Centres must necessarily be located only at those places where the residents are Scheduled Caste, Scheduled Tribe and other backward classes. If any Anganwari Centre had been established at any other place, they should immediately be shifted to appropriate place. In paragraph no. 3 of the letter it is stated that the Government had found that in the matter of selection of Anganwari Sevika/ Assistants many irregularities had been committed. Reference was made to the guidelines issued by the Central Government, and it was stated that in accordance with the aforesaid guidelines Anganwari Sevika/Assistants must be selected only from that class of beneficiaries for whose benefit the Centres had been opened and, therefore, Anganwari Sevika/Assistants must be selected from amongst weaker/oppressed class, Scheduled Caste and Scheduled Tribe. Preference shall be given to a Sevika who is a daughter -in -law of the same village and is mother of one or two children. If the selections had been made contrary to the guidelines, such selections must be cancelled immediately and selections shall be made only in accordance with the guidelines issued by the Central Government.