- (1.) By the impugned order of the learned Single Judge dated 20 January 2014, a decision of the State Government to cancel the selection held for the posts of Anganwadi Karyakatri, Anganwadi Sahayika and Mini Aanganwadi Karyakatri has been set aside. Against the common judgment and order delivered by the learned Single Judge in a bunch of three writ petitions, Service Single No. 1014 of 2011 along with two other petitions three special appeals (including the present) have been filed by the State. Since the issues are common, they will be governed by this judgment.
(2.) On 16 December 2003 and 21 February 2007, the State Government issued two Government Orders laying down norms and guidelines for appointment of Anganwadi Workers/Helpers, stipulating qualifications and procedures for selection. The Union Government in the Ministry of Women and Child Development sanctioned 14,604 additional Anganwadi Centres and 22,186 Mini Anganwadi Centres under the third phase of the Integrated Child Development Service, ICDS Scheme. On 30 June 2010, an advertisement was issued under the Child Development Project, Sikandarpur Karan of district Unnao by which 41 posts of Anganwadi Karyakatris, 58 posts of Anganwadi Sahayikas and 30 posts of Mini Anganwadi Karyakatris were advertised. The advertisement was issued in one newspaper namely Rashtriya Sahara. In terms of the Government Order dated 21 February 2007, a stipulation was made that selections would be conducted by a Selection Committee chaired by the Child Development Project Officer. However, it was stipulated that the Collector and District Magistrate would have to grant his prior approval before issuing appointment orders. The Chief Development Officer, Unnao, noticing certain infirmities in the selection process, directed the Sub Divisional Magistrate to conduct an inquiry. The Sub Divisional Magistrate, in a report dated 23 December 2010, found that the posts in question had not been widely advertised; in several villages, income certificates of candidates were shown as not received and applications were directly submitted in the office. However, it was found that, among those who had applied, the merit list had been prepared in accordance with the relevant Government Orders upon which a recommendation had been made by the Selection Committee. The inquiry report was examined by the District Development Officer and the Chief Development Officer and eventually, the District Magistrate endorsed the file on 27 December 2010. The Chief Development Officer had proposed that in view of irregularities which were found in the report submitted by the Sub Divisional Magistrate, the entire process was found to be suffering from infirmities. The recommendation for holding a fresh selection was hence endorsed by the Collector and District Magistrate. That gave rise to the filing of writ petitions. A counter affidavit was filed in response to the writ petitions by the State justifying the decision which was taken to cancel the selection process.
(3.) The learned Single Judge, by a judgment and order dated 20 January 2014, noted that (i) 176 applications were received against 41 vacant posts of Anganwadi Karyakatri, 49 applications were received against 30 vacancies of Mini Anganwadi Karyakatri and 69 applications were received against 58 posts of Anganwadi Sahayikas; (ii) applications were duly scrutinized in accordance with the procedure prescribed by the relevant Government Orders; (iii) it was hence not proper to hold that posts were not duly advertised and that persons residing in the local area were unable to obtain knowledge about the vacancies or the selection; and (iv) the object of publication was to ensure knowledge on the part of local residents. Since the posts were advertised in Rashtriya Sahara which has a wide circulation, the Single Judge held that it could not be said that the publication was not in a proper manner. On these grounds, the writ petition was allowed.;