THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 4547 of 2008 Dated: 24.06.2010 Between:
M.Kalpana, Adilabad District.
And The State of Andhra Pradesh, Rep., by its Secretary, Hyderabad and 3 others.
… Petitioner … Respondents HON’BLE Ms. JUSTICE G.ROHINI Writ petition No. 4547 of 2008 O R D E R:
This writ petition is filed seeking a declaration that the proceedings of the 3rd respondent dated 31.12.2007 whereunder the petitioner’s services as Anganwadi Worker of Pippalgaon Village, Jainath Mandal, Adilabad District was terminated and the 4th respondent herein was appointed in her place is arbitrary and illegal.
I have heard the learned counsel for both parties.
The material available on record shows that though the writ petitioner was selected as Anganwadi Worker by proceedings dated 29.05.2007, on a complaint made by the 4th respondent bringing to the notice of the 2nd respondent that the petitioner, who had only passed 7th class was not qualified, a show cause notice was issued to the petitioner and after considering her explanation, the impugned order came to be passed. It is not disputed before this Court that the petitioner passed 7th class, whereas 4th respondent passed SSC. It is also not in dispute that for appointment as Anganwadi Worker, a pass in 10th class is necessary and a candidate with lesser educational qualification can be considered only where none of the candidates applied had passed 10th class. In the instant case though the 4th respondent is fully eligible and passed 10th class, the petitioner was erroneously selected. Having noticed the irregularities, a show cause notice was issued and after considering the petitioner’s explanation, the impugned order was rightly passed terminating the petitioner’s services and appointing the 4th respondent herein in her place. The said order, which is in accordance with law, cannot be held to be arbitrary or illegal much less in violation of principles of natural justice.
It is also brought to my notice that the 4th respondent herein has been working as Anganwadi Worker with effect from 02.01.2008 pursuant to the impugned proceedings.
In the circumstances, the matter warrants no interference by this court and accordingly, the Writ Petition is dismissed. No costs.
G.ROHINI,J Date: 24.06.2010
KLP