Case Note & Summary
The case involves two writ petitions challenging the process of appointment of Anganwadi Sevika for village Krushna, held as per proclamation dated 1.8.2016. The petitioners, Sau. Lalita Pravin Wankhede and Sou. Monika Kisan Rathod, were affected candidates. The court noted that the Government Resolution (G.R.) dated 13.8.2014 requires that the Anganwadi Sevika have knowledge of the language spoken by the majority of children in the Anganwadi. However, it was conceded by the learned counsel for one of the petitioners that the Government had not issued any clear guidelines for ascertaining the knowledge of language of aspiring candidates. The court found that the order passed by the Divisional Commissioner, Amravati was contradictory in its findings and reasons. Consequently, the court set aside the selection process and directed the respondents to conduct a fresh selection in accordance with the G.R. dated 13.8.2014 and the proclamation dated 1.8.2016, after issuing proper guidelines for assessing language knowledge.
Headnote
A) Service Law - Anganwadi Sevika Selection - Language Knowledge Assessment - Government Resolution dated 13.8.2014 - The selection process for Anganwadi Sevika must be based on clear guidelines for assessing the knowledge of language spoken by the majority of children in the Anganwadi. The court found that the Government had not issued any clear guidelines for ascertaining the knowledge of language of aspiring candidates, and therefore the selection was set aside and a fresh selection was directed. (Paras 5-7)
Issue of Consideration
Whether the selection of Anganwadi Sevika for village Krushna was valid in the absence of clear guidelines for ascertaining the knowledge of language of aspiring candidates.
Final Decision
The court allowed both writ petitions, set aside the selection process, and directed the respondents to conduct a fresh selection in accordance with the G.R. dated 13.8.2014 and the proclamation dated 1.8.2016, after issuing proper guidelines for assessing language knowledge.
Law Points
- Selection of Anganwadi Sevika must be based on clear guidelines for assessing language knowledge
- Government Resolution dated 13.8.2014 requires knowledge of language spoken by majority of children
- Proclamation dated 1.8.2016 must be followed strictly
Case Details
2018 LawText (BOM) (06) 160
Writ Petition No.6264 of 2017 and Writ Petition No.4153 of 2017
Shri N.R. Saboo, Shri R.N. Ghuge, Shri K.L. Dharmadhikari, Shri Amol Deshpande
Sau. Lalita Pravin Wankhede and Sou. Monika Kisan Rathod
The Divisional Commissioner, Amravati Division, Amravati; The Chief Executive Officer, Zilla Parishad, Washim; The Project Officer, Integrated Child Development Project, Washim; and others
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Nature of Litigation
Writ petitions challenging the process of appointment of Anganwadi Sevika for village Krushna.
Remedy Sought
Setting aside of the selection process and direction for fresh selection with proper guidelines.
Filing Reason
The selection process was challenged on the ground that the Government had not issued clear guidelines for ascertaining the knowledge of language of aspiring candidates, and the order of the Divisional Commissioner was contradictory.
Previous Decisions
The Divisional Commissioner, Amravati had passed an order which was contradictory in its findings and reasons.
Issues
Whether the selection of Anganwadi Sevika was valid in the absence of clear guidelines for assessing language knowledge.
Submissions/Arguments
The learned counsel for the affected candidates submitted that the order passed by the Divisional Commissioner was contradictory in its findings and reasons.
Shri Ghuge, learned counsel for one of the petitioners, conceded that the Government had not issued any clear guidelines for ascertaining the knowledge of language of aspiring candidates.
Ratio Decidendi
The selection of Anganwadi Sevika must be based on clear guidelines for assessing the knowledge of language spoken by the majority of children in the Anganwadi, as required by the Government Resolution dated 13.8.2014. In the absence of such guidelines, the selection process is invalid.
Judgment Excerpts
It is the submission of the learned counsel for the affected candidates that the order passed by the Divisional Commissioner, Amravati is contradictory in its findings as well as reasons.
But, it is conceded by Shri Ghuge, learned counsel for one of the petitioner in Writ Petition No.4153/2017, that the Government has not issued any clear guidelines for ascertaining the knowledge of language of the aspiring candidates.
On going through the G.R. dated 13.8.2014, it is seen that the knowledge of language is an important criterion for selection of Anganwadi Sevika.
Procedural History
The process of appointment of Anganwadi Sevika for village Krushna was held as per proclamation dated 1.8.2016. The selection was challenged by two affected candidates through separate writ petitions. The petitions were heard together and disposed of by this common judgment.
