SUSHMA DEVI Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the notification dated 19.6.2010, whereby the respondents have amended the minimum educational qualification for recruitment to the post of Anganwari worker and has therefore filed this writ petition, wherein the following substantive reliefs have been claimed: -

(2.) The brief facts are that petitioner came to be appointed as Anganwari Helper vide order No. 2/98 dated 25.5.2000 and joined at Anganwari Centre Dakolu. The scheme/guidelines, which were issued on 5.10.2009, show that educational qualification for appointment of Anganwari worker was Matric or equivalent and for Helper the educational qualification was primary. But now the respondents vide notification dated 19.6.2010 has enhanced the educational qualification to plus two instead of Matric, which according to the petitioner is illegal, wrong, arbitrary and defeats the legitimate claim of the petitioner. It is further contended that having gained experience by the petitioner w.e.f. 25.5.2000, that in itself should be counted as a qualification and should not debar the petitioner for consideration to the post of Anganwari Worker.

(3.) In response to the writ petition, the respondents have filed their reply, wherein it is alleged that prior to the amendment in the guidelines on 19.6.2010, the educational qualification for the post of Anganwari Worker was Matric and for Anganwari Helper was primary. However, to bring about efficiency, the State government has raised the qualification. It has further been averred that with the spread of facilities/institutions in the State, the literacy rate of women in the State has increased and therefore, the educational qualification has rightly been enhanced.