High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus 1) call for the entire records relating to Sth and 6th respondents for raising the invalid doubts on petitioners education qualification behind the petitioner besides being violative of principles of natural justice, vide report dated 14.03.2011 rn proceedings of the 6th respondent Lr. No. 116/MRC/CPr2011 and declare as illegal arbitrary and void while set-aside the same. 2)Declaring the illegal action of the respondents No 3 and 4 without giving any opportu lity to the petitioner on the final report of the Sth and 6th respondents by issuing the impugned removal proceedings vide F'roceedings No. 172gtAl2o1o Dt. 28 05.2011 of the 4th respondent is illegal bad in Law besides being violative of prirrciples of natural justice, and null and void while set-side he sa me LA. NO: 1OF 2011{WIPMP. NO:16866 oF 20111 Petition under section 151 CPC praying that in the circuntstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to suspend the impugned removal proceedings vide Proceedings No. 1729lA/2010 Dt. 28.05 2011 of the 4th resPondent l.A. NO: 1 OF 2013(WVMP. NOj l]() 1 0F 2013) Between: lslavath Sujatha @ Jaya, Wo Babu House Hold R/o Somla Thanda, K Gowraram Village, Yeiram Post, Dindi tVlandal, Nalgonda Dist VACATE PETITIONER/7.h RESPONDENT IN WP ANO 1 Smt. lslavath Lr:xmi, Wo Sokru, Age: 26 years, Occ. Anganwadi Worker, R/o Somla Thanda, Gowraram Village, Yerram Post, Dindi [,4andal, Nalgonda. ...RESPONDENT/wRIT PETITIONER

2. The Prl. Secrertary, Govt Of Telangana, Women and Child Welfare Department, l-1y'derabad Nalgonda, Nalgonda Nalgonda Disl.., at Nalgonda

3. The District C,:llector, Dist. Wing of Women and Child Development Agency, 4. The Project Director, & Dist woman & Child Welfare, Development Officer, 5 The, PRoject rifficer/Director, l.C.D.S Child and Women Devetopment Officer, 6. The Dist. Edur:ertional Officer, Nalgonda Dist. At Nalongda 7. The Mandal Ed:cational OFficer, Chandampet (M), Nalgonda Dist. Devarakonda, l'Jalgonda ...RESPONDENTS/RESPONDENTS Petition under Sectron 151 CPC praying that in the circuntstances stated in the affidavit filed in support of the petition, the High Court ma1, be pleased to vacate the Order dzrh:d 11-05-2011 passed by this Hon'ble Court in WPMP No. 16866 of 2011 in WP No 13940 of 2011 Counsel for the Petitioner: SRt G.L.NARASIMHA RAO Counset for the Respondent Nos..t TO 4: Gp FOR WOMEN DEV & CHILD Counsel for the Respondent Nos.S & 6: Gp FOR EDUCATION Counsel for the Respondent No.7: SRI PONNAM MAHESH BABU WELFARE W.P.NO:279 720F 2017 Betwegn: lslavath Sujath a, Jaya, Wo Balu, Aged. about 37 years, Occ Household, R/o. Somla Thanda. K Gowraram vtrtigd, ieria; Fodt, Dnai rvrrnirq-itrrion-o-, District ...PETITIONER - Nalgonda District. welfare Departmenj, Secretiria( Hvderania AND 1. The State of Telangana, Rep by its principal Secretary, Women and Child 2 The District corrector Dt wing of women & chird werfare. agency, Nargonda, 3. The Project Director & Dt.women& chird werfare, Deveropement officer, 4 The Project officer & Director rcDS chird & women, Deveropment officer, 5 The District Educaiional Offrcer. Nalgonda, Nalgonda District. 6. The IVlandat Educationar.officer, chlndamp"i Minorr, r'lrrjonda District. 7. Smt Istavath Lakshmi, Wo Sokru Ageoaobui ai r;;*, Ri6-S;;lr'i'nino", - -' Gowraram Village, yarram post, Din"di Mandai, Naigoncia Di.irici. - Devarakonda, Nalqonda District. Nalgonda, Nalgonda District. ...RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circum$tances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 to 4 herein in not appointing the petitioner as a Anganwadi Worker in the prace of the 7th respondent herein who removed from the service on the ground that she has not possessed qualification is being illegal, arbrtrary unreasonable, violation of Principles of Natural justice and violative of Article 14 of the constitution of lndia and contrary to the order passed by this Hon'ble court in wA.No.1379 of 2013 dated 21-07-2014 and consequently direct the respondents 2 to 4 herein to appoint the petitioner as Anganwadi Worker forthwith. l.A. NO: 1OF 2017(WPMP. NO: 34767 0F 20171 Petition underr Section 151 CPC praying that rn the circumslances stated in the affrdavit filed rn s tpport of the petition, the High court may be cleased to direct the respondents 2 to 4 herein to appoint the petitioner as Anganwadi Worker forthwith pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI KOPPULA GOPAL Counsel for the Resoondent Nos.1 TO 4: GP FOR WOMEN DEV & CHILD Counsel for the Respondent Nos.S & 6: GP FOR EDUCATION Counsel for the Respondent No.7: SRI PONNAM MAHESH BABU WELFARE The Court made the following: COMMON ORDER THE HON'BLE SMT. JUSTICE P.SREE SUDHA trIRIT PETITION Nos.1394O of 20L| &27972of2017 COMMON ORDER: These writ petitions are iileC seeking foilou'ing reliel: "...-.....to issue a;'r approoriate v"rit, direction or ::l ::dei i:lore parlicularly one in the lalure of ri'rir of Maldamus declaring the action of the respon-denr Nos.2 to 4 herein in not appointinB the peLitioil3r a-s a An:anwaCr Worker in ihe place of the rls."'G:lcaaI lio T i-terein -*hr' removed from the sen'ice on the ground that she has noi:ossessed cgaiiiicatiort is bein3 illegai, ari,-:rar-v arC co:rrary to the order passed by '-nis Hon'bie court in W.A.No.1379 oi 2013 dated 21'07 20i4 and consequer:il]/ Ci'3ci thc rilsponieni ' :ile -:ltl'^l-l:l- :LereiL ia airi''ii: Nos.2 i'l'i as Alga-nrvadi Wo.;ser i;:-ihr't'ith -" - -'"

2. Writ petition Nc.I3940 of 20 1 1, .*::s fl;ied by Islavath Laxmi on 03.05.2011 chalit rErl'r'r: .'le rtinoval cr'Cer given by the Child Developm::-tt Pr'rieci r-liir:er. iCDS' Deva-rakcnda' . '!ir. said removal Nalgonda District dated 28.05 2O order it ',va-e rner,iioiicii ;lai l:,. - s i;:.1ir; 1-Las iiled Writ Petidon No.13397 of 2COg clairning ''i1at r'\'rit petit-ioner has not passed Sth class, but shc eci Alga::"';:rdl Worker pcst by i ' - = s'1iJ "rit petition' proriucrng Sth ciass Lass ac:, -a11. '- as per the directions of the Hor:'lle Fligh Court' The Project -! 2 Director, District \l.iornen and Child Development Asencr'. Nalgcnda Las addressed lo the Drstrict Edrication ()filcer. Nalgonda h rr this remarks regarding certificate procilrr:ed by Islavath !,aksh.rr'.. ln respcnse, the D-E.O iialgi,'i;c:a has clarihed tlrat islavath Lakshmi has not compleied 5u c-ass as such she u'irs removed from the service.

3. Wr,t Petition No.27972 of 2077 u-hici rtas il eri bv lslavath Siujatha, it is contended that she also [,i,::ci an applicatrr-.n for Lhe post cf Anga;trvadi ivorkcr u ith 'i quaiihcatiorL of 1olh class ard she ga-ve complaint agail.si ihc selection of islavath Lakshmi on the ground that she has lesser qu:,i:fication and thus she F;ed ihis " r:i :;ei i ion 'r, considei i,rr application and appoint her ils An.eanu,adi rvorker. 4 . Heald a rg,rments oi bclh the iearnei cl;u;tsei i r both the r.l'rit pertr tions.

5. Ir' paragr:;ph No"l.5 ol '.'ne af.Edalit illc rj br- islairari. Lakshmi it rvas stated as follows: "C,rr rmissioner cf Women anci Chilti Wellare Depar-irl,'rlr. A.P. F{vderabad in his circular Memo No-2O88AlI(3j94 Dt.09-02.199S issued ri]stn:ctiols alrii j;.r:e I aiir- ar.l do'nr thc criteria rvith respect to appointmenti of Ang:urwadi Workers/Helpers, and i!-.il -,r.ttor-,S rcad aS illlc\rs; reier,rnr, ) "1. The Anganwadi workers and helpers must be selected. fron the sanne village utlere the Angq.nuad.i Centers ,ras to be locdted and should be a person acceptable to the community tftis is the most inportdnt criterid rohich should. not be tiolated. 2. She rnust be a manied lad! uhose familg belongs to tlrc uillage cornmunitg. 3. The extant possible, efforts should be made select d person uith 7Ax class education lfom the same uillage. In the case of uillage uhere local uomen uith 7Ga class education dre not a tailable the edueation mdg be rela-xed. to the gh, 8rh, and so on. It must be noted that euen ant illiterate local candidate can be selected instead oJ an education non-Iocal person. No non-local candidatc should be selected. that she hrrs higher educationdl qudlilication oJ thqt she agreed to reside in the village or other consideration." the plea 6 So as per the above instructicns, rhe eligibilit5u criteria for appointment of Anganwadi is that she shouid complete 1Oti, class and shouid be the local candidate. If the candidate with 10th class qualihcation is not available, the education qualification was relaxed to 9th arld 8,h class. Even illiterate local candidate can be selected instead of educated non-local person. -! I

7. Learned counsel for the petitioner in W.P No.l3)4O of 2O 1 i cor-rte 'rded that Sujatha is non-local person as sr::h she is not eiig;iirle fcr selection r,r'hereas iea.rneci counsel br the petitioner in W .P.No.27972 of 2Ol7 contende,j that

1. Lakshmi rs qualified only sth class as such candidal,ure of Su,iarha is tc be consideied.

8. Thouglh, the Project Director verified the adniission rcglster oi scnooi, he expressed his doubt as the rL;trte oi Lakshmr ruiis inserted between 124 a:lrd 125 as 124 / 1 5ut he has nor, rt ccrded the statement of the concerned person who inade snch an entry. As such, the sard report is i-),) - clear regarding t-re qualification of l,akshmi. It is further statcd that Sul al i-l a is second wife of cne Balu as such ir is to bc ascertaincd rvhat happened to the firsi wife of Balu i'he second mirr riage is valid only in the case of death or tlivorce of ihc firsr. ",ife o[ Balu, as such il is to be a5ceitaine.i b-\'the concerneci iruthorities. it is also brought to the notice of this Court that no cotihcation ',r,-as issued frorn the ],ca r 20 i i onn,ards 'r: r.ierv of the pendency of these ri'rit- pt'titrons. Therefore, the concerned authorities are specihcaliy (lirected to verifl s.lrether Sujatha is having i Orh class qltaliftcaiion and .,r.hethe r she is loca1 candidate as per the ncrmsr and if she is eliqibie she can be co.rsid..ed for appointrlLrnt as ) Anganwadi worker. In the eligibility criteria it is specifically mentioned that unless and until no eligible candidate is available with l Oth class qua_lification thcn only thcy should select the candidate of lesser qualification as such when once the above issue is decided, the concerned officers are at liberty to consider the eiigibiiity criteria of Lakshmi.

9. With the above said direclion, both rhe v,,rir petitions are disposed of ald concerned authorities are directed to decide the issue within a period of two (02) months from the date cf this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending il any, shall stand closed. //TRUE COPY// SD/.A.V.S. PRASAD TANT REGISTRAR ECTION OFFICER Department, Hyderabad Nalgonda Dist., at Nalgonda . The Prl. Secretary, Govt Of Telangana, Women and Child Welfare . The District Collector, Dist. Wing of Women and Child Development Agency, . The Project Director, & Dist woman & Child Welfare, Development Officer, . The, Project Oificer/Director, l.C.D.S Child and Women Development Officer, . The Dist. Educatiohal Officer, Nalgonda Dist. At Nalongda Devarakonda, Nalgonda Nalgonda, Nalgonda The Mandal Educational OFficer, Chandampet (M), Nalgonda Dist. One CC to SRI G L.NARASIMHA RAO, Advocate [OPUC] One CC to SRI KOPPULA GOPAL, Advocate [OPUC] . One CC to SRI PONNAM MAHESH BABU, Advocate [OPUC] 0 Two CCs to GP FOR WOMEN DEV & CHILD WELFARE, High Court for the State of Telangana, at Hyderabad. [OUT] 1 1. Two CCs to GP FOR EDUCAIION, High Court for the State of Telangana, at llyderabad [OUT]

12. Two CD Copies To 1 2 3 4 5 6 7 o 9 1 PSK HIGH COURT DATED:1910312025 CC TODAY COMMON ORIDER WP.Nos.13940 of 2011 & 27972 of 20'17 IHE Sla )'6: (: 2[HAn2m a) ,.) 'l/ a DISPOSING OF THE WRIT PETITIONS WITHOUT CCISTS \ b {