-X IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30068 OF 2018 Between: 1. Lenka (Althi) Adilakshmi, W/o. Suryachandrudu, Aged about 33 years, Occ: House Wife, R/o. J.Gumadam Village, Bondapalli Mandal, Vizianagaram District. Lenka Vijaya Kumari, W/o. M. Chandrasekhar, Aged about 23 years, Occ: House Wile, R/o. J.Gumadam Village, Bondapalli Mandal, Vizianagaram District. 2. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Women Development and Child Welfare Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. The District Collector-cum-Selection Committee Chairman, Vizianagaram District. The Additional Joint Collector cum Nominated Chairperson Of Selection Committee, Vizianagaram District The Project Director, District Woman ST, Child Development Agency, Vizianagaram, Vizianagaram District. The Child Development Project Officer, ICDS Project, Gantyada, Gantyada Mandal, Vizianagaram District Taddi (Sarakana) Adilakshmi, W/o Serakana Appala Raju, Aged about 23 years, Occ: Anganwadi Worker (Selected), R/o Yedlapalern Village, Bondapalli Mandal, Vizianagaram District. 2. 3. 4. 5. 6. ...RESPONDENTS 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the impugned action of the respondents No. 3 to 5 in selecting and appointing the 6th respondent as Anganwadi worker of J.Gumadam Village, Bondapalli Mandal, Vizianagaram District vide proceedings No. 69/2017 dated 29.12.2017, as arbitrary, illegal, improper and set aside the same, consequently direct the respondents No. 3 to 5 to consider the case of the petitioners as per their merit for appointment as Anganwadi worker of J.Gumadam village, Bondapalli Mandal, Vizianagaram District, and to grant lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of all further proceedings in Proceedings No. 69/2017 dated 29.12.2017 issued by the 5*'^ respondent appointing the 6 respondent as Anganwadi worker of J.Gumadam Village, Bondapalli Mandal, Vizianagaram District, pending disposal of the writ Petition. th Counsel for the Petitioners : SRI TADDI NAGESWARA RAO Counsel for the Respondent Nos.1 to 5 : GP FOR SOCIAL WELFARE Counsel for the Respondent No.6 ; SRI RAYAPROLU SRIKANTH The Court made the following: ORDER 1 APHC010623452018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30068/2018 Between: ...PETITIONER(S) Lenka (althi) Adilakshmi and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.TADDI NAGESWARA RAO Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE (AP) 2.RAYAPROLU SRIKANTH The Court made the following; ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .to issue a writ of mandamus or any other appropriate writ or direction declaring the impugned action of the respondents Nos. 3 to 5 in selecting and appointing the 6th respondent as Anganwadi worker of J.Gumadam Village,Bondapalli Mandal, VIzianagaram District vide proceedings No. 69/2017 dated 29.12.2017 as arbitrary, illegal, improper and set aside the same consequently direct the respondents Nos. 3 to 5 to consider the case of the petitioners as per their merit for appointment as Anganwadi worker of J Gumadam village,Bondapalli Mandal, Vizlanagaram District 2 and to grant..." Heard Ms. Taddi Sowmya, learned Counsel representing Sri Taddi Nageswara Rao, learned Counsel for the petitioners, learned Assistant Government Pleader for Social Welfare and Sri R.Srikanth, learned Counsel for the respondent No.6. 2. 3. Learned Counsel for the petitioner would submit that the petitioner Nos. 1 and 2 are the residents of J.Gumadam Village, Bondapalli Mandal, Vizianagaram District. Both are qualified for the post of Anganwadi Worker. The 1®* petitioner is a graduate and the 2 nd petitioner studied up to intermediate. Learned Counsel would further submit that the petitioners were called for the interview for the post of Anganwadi Worker on 15.11.2017. Whereas, the respondent No.6 also applied for the said post though she is not eligible since she does not belong to that village. The respondent-authorities without considering the objections and eligibility criteria, have selected the respondent No.6 at the instance of local M.L.A., for extraneous considerations. Learned Counsel for the petitioner would further submit that the name of the respondent No.6 is not reflecting in the voters’ list of J.Gumadam Village. The respondent No.6 is a resident of Yedlapalem Village as she is married to one Mr. S. Appalaraju of Yedlapalem Village. According to the prescribed guidelines, only the daughter-in-law of the concerned village is eligible to be appointed as Anganwadi Worker. The petitioners made a complaint to the respondent No.2 that the respondent No.6 belongs to Yedlapalem Village but she filed fabricated documents to show that she 3 belongs to J.Gumadam Village. Learned Counsel would further submit that the respondent No.5 issued the appointment orders appointing the respondent as Anganwadi Worker of J.Gumadam Village. Learned Counsel finally submits that the voter I.D card of the 6*^ respondent is changed to J.Gumadam Village on 29.12.2017 the very date on which the impugned proceedings appointing her as Anganwadi Worker were issued. The job card of the 6'^ respondent also shows that she is the wife of one Mr. S. Appala Raju resident of Yedlapalem Village. Learned Assistant Government Pleader for Social Welfare would submit 4. that on the objections made by the petitioners, the respondent-authorities enquired into the matter whether the respondent No.6 is resident of J.Gumadam Village or Yedlapalem Village. Learned Assistant Government Pleader would submit that according to the rules issued by the Government from time to time, the respondent No.6 was selected as Anganwadi Worker. The Aadhaar Card, Ration Card would show that she is a resident of J.Gumadam Village.The J.Gumadam Village and the Yedlapalem Villages are not two distinct villages but Yedlapalem is a hamlet of J.Gumadam Village within one Panchayat. There is no separate Panchayat for Yedlapalem Village. These two villages are situated at a distance of half a kilometer. The respondent No.6 was born in J.Gumadam Village, married one Mr. S.Appala Raju of Yedlapalem village. She came back to her parents about six (6) years back and residing at J.Gumadam Village. Learned Assistant Government Pleader would submit that on enquiry 6;y1CDS Supervisor revealed that the documents produced by the respondent No.6 are genuine. Learned Assistant Government Pleader would submit that the Court orders. may pass appropriate 5. Learned Counsel for the respondent No.6 would submit that he adopting the arguments of the learned Assistant Government Pleader and Court may pass appropriate orders. IS the 6. Considering the submissions made and a fair look at the material placed on record, this Court is of the considered view that there is some force in the contentions raised by the petitioners before this Court, being, no contra material is placed on record to the documents filed by the petitioners to show that the name of the respondent No.6 is included in the voter list of J.Gumadam village on the very date of her appointment Anganwadi Worker in J.Gumadam Village. There is also no dispute about the fact that the J.Gumadam Village and Yedlapalem Village are having two separate Anganwadi Centers. Such being the case, in the light of G.O.Ms.No. 21, dated 24.08.2007, the selection for the post of Anganwadi Worker should be done when the person belongs to the same village. The respondent No.6 might have born in J.Gumadam Village but the fact remains that as on the date of notification, she is married to one Mr.S.Appala Raju who is a native of Yedlapalem Village. That being so, considering her candidature for the post of Anganwadi Worker in J.Gumadam Village is not sustainable. The reason as 5 7. In that view, the Writ Petition is allowed. The respondent authorities are directed to consider the candidature of the petitioners for the post of Anganwadi Worker in J.Gumadam Village as per the Governing Rules and law and take appropriate decision. The respondent authorities can also consider the case of the respondent No.6 to accommodate her as per her eligibility in other center. Pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// » ' To. SECTION OFFICER 1. The Secretary, Women Development and Child Welfare Department, State of Andhra Pradesh, ts Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector-cum-Selection Committee Chairman, Vizianagaram District. 3. The Additional Joint Collector cum Nominated Chairperson Of Selection Committee, Vizianagaram District. 4. The Project Director, District Woman ST, Child Development Agency, Vizianagaram, Vizianagaram District. 5. The Child Development Project Officer, ICDS Project, Gantyada, Gantyada Mandal, Vizianagaram District 6. One CC to Sri Taddi Nageswara Rao, Advocate [OPUC] 7. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Rayaprolu Srikanth, Advocate (OPUC) 9. Three C D. Copies. Cnr a HIGH COURT DATED:10/04/2025 ORDER WP.No.30068 of 2018 ALLOWING THE W.P. WITHOUT COSTS