1 WP / 2676 / 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2676 OF 2025 Indira Motiram Valvi, Age : 31 years, Occu : Nil, R/o : Sirkhedapada, At Post Mundalwad, Taluka Dhadgaon, Dist. Nandurbar .. Petitioner Versus 1] The State of Maharashtra Through Secretary, Women & Child Welfare Department, Mantralaya, Mumbai 2] The Child Development Project Officer, Integrated Child Development Project, Khuntamodi, Taluka Dhadgaon, Dist. Nandurbar .. Respondents ... Advocate for the petitioner : Mr. Amit S. Savale Addl. GP for the respondent – State : Mr. M.M. Nerlikar ... CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ. DATE : 24 FEBRUARY 2025 ORDER (MANGESH S. PATIL, J.) : Heard learned advocate for the petitioner. 2. The petitioner is invoking the powers of this Court under Article 226 of the Constitution of India with following prayers :- B) By issuing writ of Mandamus or any other appropriate writ, order or direction in the nature of writ the clause 2(b) of the government resolution dated 02/02/2023 may kindly be struck down and the criteria of local resident be set in an order of priority as (1) Pada, (2) Wasti (3) and (4) revenue village. 2025:BHC-AUG:5449-DB 2 WP / 2676 / 2025 C) By issuing writ of Mandamus or any other appropriate writ, order or direction in the nature of writ the respondent be directed to consider the petitioner as first preference for being appointed as Anganwadi Sevika for Mundalwad (Sirkhedapada) center if the petitioner is otherwise qualified for the same. 3. The learned advocate for the petitioner submits that it is a matter of appointment of Anganwadi Sevika. Considering the nature of the duties to be performed and responsibilities to be discharged, it is imperative that the persons from the same village or locality are appointed on the post. He would submit that the government resolution dated 02.02.2023 in clause 2(b) has expressly provided that Anganwadi Sevika, Mini Anganwadi Sevika and Helpers under the rural and tribal welfare schemes shall be resident of the Gram Panchayat but the entire revenue village comprising of inter alia all hamlets / wastis. He submits that considering the treacherous topography of hilly regions like the place wherefor the petitioner has applied, permitting such individuals from different hamlets / wastis etc., even if those are from the same revenue village jurisdiction makes it difficult for the persons appointed from different hamlets / wastis to discharge the duties efficiently. 4. He submits that considering the avowed object of the scheme of which Anganwadi Sevikas are the part, it is imperative that such condition regarding residence is restricted to a particular hamlet or wasti etc. to which place Anganwadi Sevikas are to be appointed. It 3 WP / 2676 / 2025 is for this reason, the petitioner is seeking writ of mandamus questioning sustainability of clause 2(b) of the government resolution, and is additionally seeking a preference for being appointed on the post at Mundalwad (Sirkhedapada). 5. Considering the nature of challenge being put up, when we asked the learned advocate for the petitioner to substantiate the stand of the petitioner with some concrete or tangible material, he could not demonstrate anything. 6. If the petitioner is challenging clause 2(b) of the government resolution dated 02.02.2023 on the grounds mentioned herein-above, it was imperative for her to be more precise and with some tangible material to demonstrate as to how allowing the individuals from the neighbouring hamlets / wastis is making it difficult to discharge the function of Anganwadi Sevika from the tribal and hilly regions. In the absence of which, the challenge to the clause based merely on hypothesis, in our considered view, would not be maintainable. 7. Ex facie, the petitioner having applied for the post of Anganwadi Sevika for a particular place, is putting up a challenge to the clause and is emboldened even to make a prayer for giving preference for being appointed as Anganwadi Sevika for that place, 4 WP / 2676 / 2025 thereby she is seeking to weed out any competition from eligible candidates from the residents of nearby hamlets and wastis from the revenue area of the same village panchayat. 8. In our considered view, in the absence of concrete material to show as to how clause 2(b) of government resolution dated 02.02.2023 is making the scheme of Anganwadi Sevika difficult to be implemented and the vague challenge being put up to that clause with an objective of securing employment to herself, cannot be entertained by invoking extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India. 9. The petition is dismissed in limine. [ PRAFULLA S. KHUBALKAR ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/