V.K. Shukla, J. - (1.) Petitioners, in this bunch of writ petitions, are questioning the validity of order dated 29.8.2006 issued by State Government, order dated 31.8.2006 issued by Director, Bal Vikas Sewa Evam Pushtahar, U.P. Lucknow and the order dated 5.8.2006 passed by District Programme Officer, Mau, cancelling the entire selection of Anganbadi Workers and Helps, held pursuant to advertisement dated 5.6.2006.
(2.) Brief background of the case is that scheme of Integrated Child Development Services (in short ICDS) was introduced in the year 1975 on the recommendation of the Planning Commission of India and the same is essentially a food supplementation programme. The said scheme was made applicable in State of U.P. also and Government Order dated 16.12.2003 issued. The said scheme was not being implemented in its true letter and spirit, as a result whereof complaint was made in the shape of Public Interest Litigation before the Hon'ble Apex Court being writ petition No. 196 of 2001 under Article 32 of the Constitution of India by a Social Organization, known as People's Union for Civil Liberties. Hon'ble Apex Court taking cognizance of the complaint, which was made, proceeded to put every State throughout India as well as Union of India under notice and the said scheme is being monitored. On 7.10.2004 Hon'ble Apex Court took serious note of the matter and expressed its shock and surprise at the attitude of Central Government and also took notice of the progress of the scheme in various States throughout the country and issued consequential direction. Hon'able Apex Court gave a clear cut directive that vacancies for operational ICDS shall be fulfilled. The State Government i.e. State of U.P. keeping in view the directions issued by Hon'ble Apex Court proceeded with pace for effective implementation of the aforesaid scheme.
(3.) Officiating District Programme Officer on 3.6.2006 published in daily News paper "Dainik Jagaran" dated 5.6.2006, Advertisement for making selection and appointment of Anganbadi Karyakartri and Assistants. On 23.6.2006. District Magistrate, Mau passed an order and by means of the same Sub-Divisional Magistrate were appointed as Chairman of the respective selection committees in District Mau and respective dates were also fixed. Petitioners have contended that meeting of selection committee was held and the said selection committee comprised of Deputy District Magistrate with other members. Petitioners have contended that thereafter select list was finalised in terms of Government Orders dated 16.12.2003, 12.1.2006 and 17.5.2006 issued by State Government. Thereafter, petitioners have contended that appointment letters were issued to the selected candidates. Petitioners have contended that appointment letters were issued and the selected candidates joined pursuant thereto. 1.8.2006 an order was issued by the Secretary, Mahila Kalyan Evam Bal Vikas Vibhag referring to oral instruction received on telephone from the Minister of Bal Vikas that large scale complaints qua selections are being received, enquiry is must, selection proceedings to be freezed, and further no appointment orders be issued. It was also mentioned that some senior officer be sent to get the matter investigated qua complaints received and of enquiry be submitted. On 3.8.2006, Officiating District Programme Officer issued consequential order. On 5.8.2006, further order was passed mentioning therein that even where appointment orders have been issued, persons have joined, such persons be not permitted to discharge their duties. On 29.8.2006 another letter was issued by the Secretary to State Government referring to the letter of Minister concerned dated 1.8.2006, directing therein cancellation of entire selection proceeding and for holding selection proceedings afresh after re-advertising the vacancies and for suspending Officiating District Programme Officer and other Bal Vikas Pariyojna Adhikari, and for making new arrangement. In the letter dated 29.8.2006, it was mentioned that qua complaints which had been received pertaining to selection, committee be constituted and two member committee with Shiva Nand Ojha, Special Secretary, Mahila Kalyan Evam Bal Vikas and Daya Shankar Srivastava, Additional Director, Bal Vikas Sewa Evam Pushtahar, was constituted, and they were to submit report within 15 days. On 31.8.2006, District Magistrate, Mau submitted report to the State Government after conducting inquiry with regard to complaints referred to in various communications and sought further directions. On 31.8. 2006 Special Secretary, Mahila Kalyan Evam Bal Vikas, Sri Shivanad Ojha sent communication through fax to the District Magistrate, Mau for making available the documents referred to therein for the purpose of inquiry being conducted by two member committee. Thereafter, order has been issued by Director, Bal Vikas Sewa Evam Pushtahar, U.P. Lucknow on 31.8.2006, cancelling the entire selection and thereafter consequential order has been passed by District Programme Officer on 5.8.2006. At this juncture present writ petition has been filed.;