Kerala High Court
Girija L vs State Of Kerala on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.9594 OF 2021(Y)
PETITIONERS:
1 GIRIJA L.
AGED 40 YEARS
W/O OMANAKUTTAN,
MELETHEKKATHIL VEEDU,
MARANADU P.O, MARANADU,
KOLLAM DISTRICT.
2 VIJAYASREE
AGED 40 YEARS
W/O VINOD,
AMRITHALAYAM ,
PAVITHRESWARAM P.O,
KOTTARAKARA,
KOLLAM DISTRICT.
3 MAYAKUMARI
AGED 39 YEARS
W/O PREMKRISHNAN,
KRISHNAVILASOM,
PAVITHRESWARAM.P.O,
KOTTARAKARA,
KOLLAM DISTRICT.
4 SUNITHA S.
AGED 39 YEARS
D/O SUMATHI,
KOCHUVILA VEEDU,
EDAVATTOM,
PAVITHRESWARAM.P.O,
KOTTARAKARA,
KOLLAM DISTRICT.
5 SINDHUKUMARI.O.
AGED 40 YEARS
W/O SSELVARAJ, ,
PAINKANNOOR,
PADINJATTETHIL, KARUVELIL,
EDAVATTOM, KOTTARAKARA,
KOLLAM DISTRICT.
WP(C).No.9594 OF 2021(Y)
2
6 SHUBHASREE
AGED 37 YEARS
W/O SENKUMAR,
KRISHNABHAVAN,
MARANADU P.O, MARANADU,
KOTTARAKARA, KOLLAM DISTRICT.
BY ADV. SRI.ALEXANDER GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
SOCIAL WELFARE GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR OF SOCIAL WELFARE
DIRECTORATE OF SOCIAL WELFARE,
VIKAS BHAVAN, POOJAPPURA,, THIRUVANANTHAPURAM,
PIN-695012.
3 THE DIRECTOR
WOMEN AND CHILD DEVELOPMENT OFFICE, POOJAPPURA,
THIRUVANANTHAPURAM--696012.
4 THE DISTRICT SOCIAL WELFARE OFFICER
COLLECTORATE, KOLLAM-691013.
5 CHILD DEVELOPMENT PROJECT OFFICER
INTEGRATED CHILD DEVELOPMENT SCHEME
PROJECT(ICDS), VETTIKAVALA ADDITIONAL, KOLLAM
DISTRICT-673571.
6 PAVITHRESWARAM PANCHAYATH
REPRESENTED BY ITS SECRETARY, PAVITHRESWARAM,
KOTTARAKARA-691507.
7 RAJITHA.S.
AGED 37 YEARS
RQJANI BHAVANAM, PUTHUR P.O, THEKKUMCHERI,
KOTTARAKA-691507.
8 ANCHU A.
AGED 25 YEARS
RAJEEV BHAVANAM,
PAVITHRESWARM P.O, PANGODU, KOTTARAKARA-691507.
WP(C).No.9594 OF 2021(Y)
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9 SINDHU.V.
AGED 47 YEARS
BABU NIVAS,
KARIMPIN PUZHA, KARIKKAL,
KOTTARAKARA-691507.
10 SANDHYA C.
AGED 40 YEARS
KOCHUTHUNDIL VEEDU,
CHERUPOIKA P.O, PUTHUR,
KOTTARAKARA-691507
11 SUCHITHRAKUMARI.S.
AGED 34 YEARS
VALIYAVILA VEEDU,
CHERUPOIKA P.O, PUTHUR,
KOTTARAKARA-691507
12 VASNAJA C.V.
AGED 38 YEARS
VALIVILA VEEDU,
PAVITHRESWARAM P.O, PANGODU, KOTTARAKA -691507.
13 MINIMOL.P.
AGED 45 YEARS
MUTHUPPIL VEEDU,
CHERUPOIKA P.O, PUITHUR,
KOTTARAKARA-691507.
14 PRINCY.A.
AGED 31 YEARS
PRASAD BHVANAM,
KAITHAKODU, PUTHUR,
KOTTARAKARA-691507.
15 SUNITHA.R.
AGED 43 YEARS
ANANTHU BHAVANAM,
CHERUPOIKA P.O,
PUTHUR,
KOTTARAKARA-691507.
WP(C).No.9594 OF 2021(Y)
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16 MINIKUMARI.A.
AGED 50 YEARS
VIJAYA BHAVANAM, MARANADU P.O, EZHUKONE,
KOTTARAKARA-691505.
17 BINDHU S.
AGED 38 YEARS
THUNDIL VEEDU,
KARIMPIN PUZHA, KARIKKAL,
KOTTARAKKARA-691507.
18 VIJAYAMMA.K,
AGED 44 YEARS
NEDUMVAYALIL VEEDU, PUTHUR P.O, THEKKUMCHERI,
KOTTARAKARA-691507.
19 VANDHANA V.V.
AGED 32 YEARS
VANTHANA MANDHIRAM,
S.N.PURAM, PAVITHRESWARAM P.O, KOTTARAKARA-
691507.
20 MANJUSHA V,
AGED 42 YEARS
PARANKIMAVILA VEEDU,
PAVITHRESWARAM P.O, IDAVATTOM, KOTTARAKARA-
691507.
21 SATHI V,
AGED 50 YEARS
ARUN BHAVANAM,
PAVITHRESWARAM P.O,
KOTTARAKARA-691507.
22 SINDHU G.
AGED 38 YEARS
MANOJ BHAVANAM, BLOCK NO.7,
KARUVELIL P.O, KOTTARAKARA-691507.
23 DEEPTHI R.
AGED 26 YEARS
VALIYAVILA PUTHEN VEEDU, MARANADU P.O,
EZHUKONE, KOTTARAKARA-691507.
WP(C).No.9594 OF 2021(Y)
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24 BINDHU S.
AGED 45 YEARS
SINDHU MANDHIRAM,
CHERUPOIKA P.O, PUTHUR,
KOTTARAKARA-691507.
25 PREETHA R.
AGED 45 YEARS
PRASAD MANDIRAM,
KAITHAKKODU, PTHUR,
KOTTARAKARA-691507.
26 USHAKUMARI.S.
AGED 50 YEARS
PLAVILA VEEDU,
PAVITHRESWARAM P.O,
KOTTARAKARA-691507.
27 SHYLAJA C,
AGED 51 YEARS
KHOSH NIVAS, PAVITHRESWARAM P.O, KOTTARAKARA-
691507.
OTHER PRESENT:
NISHA BOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.9594 OF 2021(Y)
6
JUDGMENT
Dated this the 9th day of April, 2021
This writ petition is filed seeking the following reliefs:-
"i) Issue a writ of certiorari or any other appropriate writ,
order or direction calling for the records leading to the
issuance of Exts.P7, P11, P12 & P13 and quash Ext.P7, P12
& P13.
ii) Declare that the selection process conducted by the
official respondents and consequent appointment of
respondents Nos.7 to 27 is illegal and cancel Ext.P12 &
P13.
iii) Issue a writ of mandamus or any other appropriate writ,
direction or order, directing the second respondent to
consider and pass appropriate orders in Ext.P14
representation after hearing the petitioners.
iv) Issue a writ of mandamus or any other appropriate writ,
direction or order, directing the second respondent to keep
in abeyance Ext.P7 and all appointments and selections
pursuant to Ext.P12 and P13 on the basis of Ext.P15
judgment and P16 circular till the disposal of this writ
petition."
2. Heard the learned counsel for the petitioners and
the learned Government Pleader.
WP(C).No.9594 OF 2021(Y)
3. It is submitted by the learned counsel for the
petitioners that challenging the constitution of the selection
committee as well as the list published by the respondents
for appointment to the post of Anganwadi Helpers as per
Exts.P12 and P13, the petitioners have approached the 3 rd
respondent with Ext.P14 representation. It is submitted that
the same is liable to be considered, in accordance with law,
taking note of the provisions of the Government orders as
well as the binding judgments.
4. Having heard the learned Government Pleader
also, I am of the opinion that the issue is liable to be
considered by the 3rd respondent in accordance with law.
5. There will, accordingly, be a direction to the 3 rd
respondent to take up, consider and pass orders on Ext.P14
representation preferred by the petitioners with notice to the
petitioners as well as any other persons likely to be affected
and after hearing them through any appropriate means
including video conferencing within a period of two months
WP(C).No.9594 OF 2021(Y)
from the date of receipt of a copy of this judgment.
Appropriate orders shall be passed by the 3 rd respondent
and if any revision is found necessary in the list, the
appointments shall also be revised accordingly.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/09.04.2021
WP(C).No.9594 OF 2021(Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE CDPO, VETTIKKAVALA ADDITIONAL
DATED 12.12.2017 IN THE NAME OF 1ST
PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATES
ISSUED BY THE CDPO DATED 01.12.2018 AND
21.12.2018 IN THE NAME OF 2ND PETITIONER
EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATES DATED
27.08.2016 AND 22.05.2018 IN THE NAME
OF 3RD PETITIONER
EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE CDPO, VETTIKKAVALA ADDITIONAL
DATED 21.01.2019 IN THE NAME OF 4TH
PETITIONER
EXHIBIT P5 THE TRUE COPY OF THE CERTIFICATE ISSUED
IN THE NAME OF 5TH PETITIONER DATED
21.12.2018
EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE CDPO DATED 21.12.2018 IN THE
NAME OF 6TH PETITIONER
EXHIBIT P7 A TRUE COPY OF THE G.O.MSNO.74/2012/SJD
DATED 22.12.2012
EXHIBIT P8 THE TRUE COPY OF THE ORDER F.NO.1-
14/2006-CD-1 DATED 28.05.2007 ISSUED BY
THE MINISTRY OF WOMEN AND CHILD
EXHIBIT P9 A TRUE COPY OF THE RELEVANT EXTRACT OF
ICDS MANUEL PUBLISHED BY THE GOVERNMENT
OF INDIA ALONG WITH TYPED COPY
EXHIBIT P10 THE TRUE COPY OF THE MEMBERS OF
SELECTION COMMITTEE ON 20.03.2021
EXHIBIT P11 A TRUE PHOTOCOPY OF
GO/MS/NO.58/2008/SWD DATED 22.10.2008
WP(C).No.9594 OF 2021(Y)
ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P12 THE TRUE COPY OF THE RANK LIST
PUBLISHED FOR THE HELPERS BY THE CDPO
DATED 09.02.2021
EXHIBIT P13 THE TRUE COPY OF THE SELECTION LIST
PUBLISHED BY THE 4TH RESPONDENT
EXHIBIT P14 THE TRUE PHOTOCOPY OF THE
REPRESENTATION FILED BY THE PETITIONERS
BEFORE THE FOURTH RESPONDENT ON
12.02.2021
EXHIBIT P15 The true copy of the judgment passed in
wpc no.24893/2018
EXHIBIT P16 The true copy of the circular dated
23.02.2021 issued by the 3rd respondent.
