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2025 DAILYLAW 1933 (AP)

T VASANTHA v. THE STATE OF AP

WP/34731/2025 · 2026-05-04

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.34731_2025 APHC010673602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34731/2025 Between: 1. T VASANTHA, S/O. BIRRU PRATAP, AGED ABOUT 36 YEARS, OCC. ANGAWADI HELPER, JANGALAPALLI-1, JAMMALAMADUGU MANDAL, R/O. D.NO.4/95, MAIN ROAD, PEDDAMUDIAM, JANGALAPALLI VILLAGE, JAMMALAMADUGU MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE PROJECT DIRECTOR, ICDS PROJECT, JAMMALAMADUGUDIVISION, Y.S.R DISTRICT. 3. THE DISTRICT COLLECTOR, KADAPA, Y.S.R DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ in the nature of Writ of Mandamus and/or any other appropriate writ /Writ(s)/direction or Order declaring the action of issuing the Proceedings in Show Cause Notice, dated 04.10.2025 and the consequential proceeding NO.15/A/2025, Dated 04.11.2025 issued by the 2nd Respondent as arbitrary, illegal, colourable exercise of power, without 2 HN, J W.P.No.34731_2025 following due process of law and contrary to well-established legal principles, apart from being violative of my fundamental rights guaranteed under Articles 14,19, and 21 of the Constitution of India. And consequently, set aside the same and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the proceedings in terminating the petitioner in Show CauseNotice, dated 04.10.2025 and the consequential proceedings No.15/A/2025, Dated 04.11.2025 issued by the 2nd Respondent and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit to receive the counter affidavit by allowing the leave petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR SERVICES I 3. GP FOR SERVICES II 3 HN, J W.P.No.34731_2025 ORDER: 1. The petitioner is aggrieved by the proceedings dated 04.10.2025 and 04.11.2025 issued by the 2nd respondent whereby the services of the petitioner were terminated. 2. The learned counsel appearing for the petitioner submits that the petitioner was engaged as an Anganwadi Helper vide letter dated 07.02.2014. The petitioner underwent the regular selection process prior to her appointment as an Anganwadi Helper. Thereafter, the petitioner completed SSC in the year 2018 and was subsequently appointed as an Anganwadi Worker vide proceedings dated 05.09.2024. 3. The 2nd respondent issued a notice dated 16.04.2025 calling upon the petitioner to submit an explanation with regard to a complaint received from one Venkata Jyothi, wherein it was alleged that the petitioner was unable to read and write, and that her appointment as an Anganwadi Helper was not in accordance with the notification, and that she had not completed Class VII, which was a requirement for such appointment. A copy of the said complaint was also addressed to the local MLA and a person in charge of a ruling party. 4. Thereafter, respondent No.2 addressed a communication to the Headmistress of Zilla Parshad Girls High School, Jammalamadugu, duly enclosing the study, conduct, and date of birth certificates, along with marks memorandum pertaining to Admission No.6902. Upon receipt of information from the Headmistress stating that the petitioner had not completed Class VII 4 HN, J W.P.No.34731_2025 and that the marks memo submitted by the petitioner was not genuine, the respondents passed the impugned proceedings. 5. It is further submitted that the petitioner had earlier filed W.P.No.16177 of 2025 challenging the orders dated 18.06.2025, and this Court, vide order dated 02.07.2025, had set aside the said impugned proceedings. However, it is left it open for the respondents to conduct a de novo enquiry. In pursuance of the said directions, the respondents have now passed the impugned proceedings, relying on the correspondence of the Headmistress. 6. It is submitted that the petitioner's appointment as an Anganwadi Helper cannot be disputed by the respondents at this stage in view of G.O.Ms.No.21 dated 24.08.2007, which prescribes the guidelines for appointment of Anganwadi Workers and Anganwadi Helpers. 7. Attention of this Court is drawn towards the clause pertaining to Anganwadi Helpers /Mini Anganwadi Worker must have passed Class VII, and in the absence of such candidates, a candidate with the next highest qualification may be considered. 8. It is submitted that, as on the date of her appointment, the petitioner was the only candidate who had applied and had specifically stated that she had completed Class VI. Accordingly, she was engaged as an Anganwadi Helper. After completion SSC, the petitioner was promoted as an Anganwadi Worker on 05.09.2024. 5 HN, J W.P.No.34731_2025 9. It is further submitted that the petitioner’s educational records had been available with the respondents since 2014, and the present action appears to have been initiated at the behest of external influence. 10. The learned Assistant Government Pleader submits that the petitioner was appointed as an Anganwadi Helper by submitting fake educational certificates, which were later verified and found to be not genuine. It is submitted that marks memo of Class VII, whereas the Headmistress had specifically stated that the petitioner had discontinued her studies in Class VII and that the marks memo submitted was not genuine. 11. It is also submitted in the counter that promotion to the post of Anganwadi Worker is subject to verification of documents, and that the petitioner is liable to be removed from service without notice if any information is found to be false. It is submitted that, in compliance with the directions of this Court in W.P.No.16177 of 2025, an enquiry was conducted, and since the petitioner was not eligible for appointment as an Anganwadi Worker, the subsequent promotion is liable to be set aside. It is submitted that the petitioner is not entitled to claim any lien over the post to which she was appointed in 2014. 12. The application submitted by the petitioner has also been annexed to the counter, wherein her educational qualification is mentioned as Class VII. 13. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. Perused the record. 6 HN, J W.P.No.34731_2025 14. The short point for consideration is whether the impugned proceedings can sustain the scrutiny of law. In order to decide this issue, the application submitted by the petitioner at the time of her initial appointment must be examined. The application mentions “Class VII” as her educational qualification; As seen from the reply submitted by the Headmistress of Zilla Parishad Girls High School, the petitioner had studied Class VII but did not appear for the examinations. 15. This fact negates the contention of the respondents that the petitioner had submitted false or fake certificates. Insofar as the marks memorandum is concerned, there appears to be an interpolation in the relevant column relating to the class studied. Be that as it may, the petitioner was appointed as an Anganwadi Helper as she was the only applicant and she had completed Class VI at the time of her application. In the absence of any other eligible candidate, she was considered for appointment. 16. It is also not in dispute that the petitioner was subsequently promoted as an Anganwadi Worker after completing SSC. The source of information relied upon by the complainant, alleging submission of fake certificates, has not been disclosed. Furthermore, there is no complaint from any parent or beneficiary of the Anganwadi Center regarding the petitioner’s competency or performance. 7 HN, J W.P.No.34731_2025 17. In these circumstances, the complaint dated 10.03.2025 addressed to the District Collector and other political leaders appears to be politically motivated. 18. In view of the above considerations, this Court finds no grounds to unsettle the service of the petitioner as an Anganwadi Worker. Accordingly, the impugned proceedings are hereby set aside. The writ petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:05.05.2026 NKA 8 HN, J W.P.No.34731_2025 131 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34731 of 2025 Date: 05.05.2026 NKA