Case Note & Summary
The dispute arose from the appointment of Anganwadi Sevika in Muzaffarpur, Bihar, where the appellant, Kumari Rekha Bharati, contested the eligibility of the 9th Respondent based on the guidelines issued in 2006. The appellant was initially appointed, but her appointment was challenged by the 9th Respondent, leading to a series of legal proceedings. The High Court quashed the cancellation of the 9th Respondent's appointment, interpreting the eligibility criteria in a manner that allowed her to be considered eligible despite her father's government service. The Supreme Court examined the guidelines, particularly Clause 3, which stated that relatives of public servants were ineligible for the position. The court found that the High Court's interpretation, which differentiated between married and unmarried daughters, was incorrect. It emphasized that the guidelines should be applied as written, without exceptions based on marital status. The Supreme Court allowed the appeal, set aside the High Court's order, and directed the authorities to issue a fresh notification for the appointment of Anganwadi Sevika, ensuring that both the appellant and the 9th Respondent could apply. The court clarified that until the new selection process was completed, the 9th Respondent could continue in her role as Anganwadi Sevika.
Headnote
A) Administrative Law - Eligibility Criteria - Interpretation of Guidelines - Guidelines for Anganwadi Sevika Appointment - The court held that the interpretation of eligibility criteria for Anganwadi Sevika should not distinguish between married and unmarried daughters of government servants, as per Clause 3 of the guidelines. The learned Single Judge's interpretation allowing the 9th Respondent's appointment was found to be contrary to the guidelines, necessitating fresh selections under the applicable rules. Held that the guidelines must be applied as stated without deviation (Paras 10-12).
Issue of Consideration
Whether the interpretation of eligibility criteria for Anganwadi Sevika appointment was correctly applied by the High Court.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the issuance of a fresh notification for Anganwadi Sevika appointments, allowing both the appellant and the 9th Respondent to apply.
Law Points
- Eligibility criteria
- Anganwadi Sevika appointment
- guidelines interpretation
- matrimonial home
- fresh selection process
