C/SCA/14201/2017 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14201 of 2017 ========================================================== CHAUHAN PUSHPABEN NATVARSINH Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KB PUJARA(680) for the Petitioner(s) No. 1 MS KRISHNA D DESAI, AGP for the Respondent(s) No. 1 MAHAVIR M GADHVI(8025) for the Respondent(s) No. 4,5,6 MR IMTIYAJ M KURESHI(5301) for the Respondent(s) No. 7 RULE SERVED for the Respondent(s) No. 2,3,6,7 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 12/08/2025 ORAL ORDER 1. The petitioner is challenging the appointment of the respondent No.7 as Anganwadi worker. 2. It is the case of the petitioner that she possessed higher merit as compared to that of the respondent No.7 and, therefore, her appointment is unsustainable and the petitioner ought to have been appointed in her place. 3. To substantiate this argument, the petitioner contends that she possessed the qualifications of SSC, HSC, B.A. and C.P. Ed. and except in SSC, she possessed a higher percentage of marks as compared to the respondent No.7. It is also contended that the petitioner was a resident of Nishal Falia in which the concerned Anganwadi was situated and, therefore, she ought to have been given preference over respondent No.7 who is a resident of another Falia. 4. The Panchayat, on the other hand, contends that the circular dated 23.3.2011 stipulated the permissible qualifications for C/SCA/14201/2017 ORDER DATED: 12/08/2025 appointment of an Anganwadi worker and amongst nine qualifications prescribed, a person who possesses B.A., B.Ed. degree would have a priority as against a person who possesses a B.A. and C.P. Ed. qualification. 5. It is argued that the circular dated 23.3.2011 clearly indicates the educational qualifications in a descending order, thereby meaning that a person who possesses a higher qualification in seriatum would be considered as more qualified than a person who possesses the qualification prescribed in the lower seriatum. It is contended that since the respondent No.7 had B.A., B.Ed. degree, she was considered as being more qualified and, therefore, was preferred. 6. It is also contended that the petitioner, when she raised objection regarding the merit list in which the respondent No.7 was placed at serial No.1, only contended that the petitioner had M.A. and, therefore, was better qualified. It was stated that though the petitioner claimed that she was a holder of Master’s degree in Arts, i.e. M.A., she had nevertheless not produced any certificate to accept her claim and therefore, this claim was disregarded. It is therefore, contended that the petitioner did not dispute the fact that the respondent No.7 having B.A., B.Ed. qualifications was better qualified than the petitioner. 7. As far as the argument that the petitioner was a local resident and therefore, ought to have been preferred, it is submitted that in the concerned village, there were more than one Anganwadi and in order to consider a candidate to be a local resident, it would be sufficient if that candidate was a resident of the village. C/SCA/14201/2017 ORDER DATED: 12/08/2025 8. It is also stated that the respondent No.7 was actually a resident of the Falia in which the concerned Anganwadi was situated and therefore, she would have to be preferred if the argument of the learned counsel for the petitioner is to be accepted. 9. In light of the above, the only question that would arise for consideration is as to whether the respondent authority was justified in appointing the respondent No.7 as against the claim of the petitioner. 10. The circular dated 23.3.2011, which is in vernacular and the gist of which is stated is not in dispute, does indicate the nine qualifications. The nine qualifications are in a descending order. The first qualification prescribed is a Ph.D., second qualification is of an M.Phil, third qualification is of a Master’s degree in Arts plus B.Ed. and fourth qualification prescribed is B.A. & B.Ed. 11. The chronology of qualifications prescribed clearly indicates that the highest qualification is stated at serial No.1 and as the qualification gets lowered, the same gets inserted in the lower categories, thereby meaning if a person possesses the education qualification as classified in higher category, he or she was presumed to have higher qualification. In this case, the respondent No.7 did possess B.A., B.Ed. and this qualification is found at serial No.4. It is therefore, obvious that as per this circular, the petitioner had a higher qualification compared to the respondent No.7. In the light of the fact that the respondent No.7 had a higher qualification as compared to the petitioner, it is obvious that the authorities were justified in preferring her candidature over that of the petitioner. Page 3 of 4 C/SCA/14201/2017 ORDER DATED: 12/08/2025 12. As far as the argument regarding the petitioner being a local resident, it is not in dispute that the respondent No.7 was a resident of the village and therefore, will have to be considered as a local candidate. In fact, the learned counsel appearing for the Panchayat submits that the address provided by the respondent No.7 indicated that she was actually a resident of a Falia where the Anganwadi was situated, and, therefore, it will have to be presumed that she was a local resident and her candidate would have to be preferred even if the argument of the petitioner is accepted. 13. In my view, since the respondent No.7 was a resident of the village where the Anganwadi was situated, the requirement for being a local resident stands satisfied and, therefore, there is no merit in the argument that the respondent No.7 ought to have been a resident of the Falia in which the Angawanwadi is situated. Consequently, I find no merit in any of the contentions advanced by the petitioner. The petition is, therefore, DISMISSED. Rule is discharged. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/08/2025 17:49:04