Nisha K vs State Of Kerala
2021 Latest Caselaw 6409 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                        WP(C).No.2996 OF 2021(Y)


PETITIONER/S:

      1         NISHA K.
                AGED 34 YEARS
                CHERUTHURUTHIKALAM HOUSE, AROOR P. O., CHERTHALA,
                ALAPPUZHA DISTRICT, PIN - 688 534.

      2         RAMANI M. S.
                PUTHUPALNIKARTH, AROOR P. O., CHERTHALA, ALAPPUZHA
                DISTRICT, PIN - 688 534.

                BY ADVS.
                SMT.K.R.KRISHNAKUMARI
                SMT.M.J.SAJITHA

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SOCIAL
                JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM, PIN - 695 001.

      2         THE DIRECTOR
                SOCIAL JUSTICE DEPARTMENT, THIRUVANANTHAPURAM, PIN -
                695 001.

      3         THE DISTRICT SOCIAL WELFARE OFFICER
                OFFICE OF THE DISTRICT SOCIAL WELFARE OFFICER,
                ALAPPUZHA DISTRICT, PIN - 688 001.

      4         THE CHILD DEVELOPMENT PROJECT OFFICER
                OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER,
                PATTANAKKAD ICDS PROJECT, ALAPPUZHA DISTRICT, PIN -
                688 532.

      5         SELECTION COMMITTEE CONSTITUTED FOR PREPARATION OF
                RANK LIST FOR THE POST OF ANGANAWADI HELPERS
                FOR AROOR GRAMA PANCHAYAT, REPRESENTED BY ITS
                CONVENOR, CHILD DEVELOPMENT PROJECT OFFICER, OFFICE
                OF THE CHILD DEVELOPMENT PROJECT OFFICER, PATTANAKKAD
                ICDS PROJECT, ALAPPUZHA DISTRICT, PIN - 688 532.
 WP(C).No.2996 OF 2021(Y)

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      6      THE SECRETARY
             AROOR GRAMA PANCHAYATH, OFFICE OF THE AROOR GRAMA
             PANCHAYATH, ALAPPUZHA DISTRICT, PIN - 688 532.

      *R7    THE DIRECTOR, WOMEN AND CHILD DEVELOPMENT
             DIRECTORATE FO WOMEN AND CHILD DEVELOPMENT
             POOJAPPURA, THIRUVANANTHAPURAM, PIN 695012
             *(IMPLEADED AS THE ADDITIONAL 7TH RESPONDENT AS PER
             THE ORDER DATED 23.02.2021 IN I.A NO.1 OF 2021)

OTHER PRESENT:

             SR GP BIJOY CHANDRAN
             R6- ADV. V.V.N SHANKAR G

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2996 OF 2021(Y)

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                                 JUDGMENT

This writ petition is filed seeking the following reliefs:-

"a) To issue a writ of certitorari or any other appropriate writ, order or direction to quash Ext.P11 rank list since the same is highly arbitrary discriminatory and violative of the specific directions of Exts.P3 & P6 G.Os and Ext.P4 guidelines of the Central Government and against the directions of this Hon'ble Court in Exts.P5 & P7 Judgments as also in violation of the petitioner's fundamental rights under Articles 14,16 & 21 of the Constitution of India ;

b) To declare that the selection committee consitituted for the preparation of selection list for the post of Anganwadi Helpers in Aroor Grama Panchayath is not in accordance with Exts.P3 to P8 & P10 and therefore the selection process conducted by such an improper committee including Ext.P11 Rank list and all further proceedings pursuant to Ext.P11 rank list are invalid;

c)To declare that the petitioners who are having more experience than the top rank holders in Ext.P11 are entitled to get seniority based on experience, caste, income, etc,;

d)To issue a Writ of mandamus or any other appropriate Writ, order or direction commanding 4th respondent to convene a new selection committee strictly as per Exts.P3 to P7 and to conduct a fresh selection and prepare a new selection list for Anganwadi Helpers in Aroor Grama Panchayath;

e)To issue a Writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to allow the 1st petitioner to continue to work as Anganwadi Helper in Centre No.17 till a proper selection is conducted as ordered in Ext.P10 Judgment;

2. Heard the learned counsel for the petitioners and the learned

Government Pleader. The writ petition is filed challenging Ext.P11 rank list

prepared for appointment for the post of Anganwadi Helpers in Aroor

Panchayath. It is submitted by the learned counsel for the petitioners that

Ext.P13 representation is now been preferred by the petitioners before the WP(C).No.2996 OF 2021(Y)

additional 7th respondent and same may be directed to be considered with

notice to the petitioners as well as the persons likely to be effected by

orders to be passed thereon.

3. Having heard the learned Government Pleader also, I am of the

opinion that since the petitioner has approached the 7 th respondent hope

that Ext.P13 representation, the same is liable to be considered in

accordance with law. Accordingly, there will be a direction to the additional

7th respondent to consider and pass orders on Ext.P13 representation

preferred by the petitioners with notice to the 6th respondent as well as any

other persons likely to be effected by the orders to be passed on Ext.P13. It

is made clear that the appointments from Ext.P11 rank list will be subject to

the orders to be passed on Ext.P13 as directed.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SJ WP(C).No.2996 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1           NIL

EXHIBIT P1(a)        TRUE COPY THE CERTIFICATE DATED 19.04.2012

ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P1(b) TRUE COPY THE CERTIFICATE DATED 19.02.2014 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P1(c) TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P2           NIL

EXHIBIT P2(a)        TRUE COPY OF THE CERTIFICATE DATED NIL

ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P2(b) TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE GO(MS) NO.58/08/SJD DATED 22.10.2008.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.DO NO.1-13/2010-

CD 1 DATED 18.10.2010 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 24.07.2015 IN WP(C) NO.16481/2011.

EXHIBIT P6 TRUE COPY OF THE GO(MS) NO.74/2012/SJD DATED 22.12.2012.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 29.08.2016 IN W.P.(C) NO.22123/2016.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.ICDS.B4-

4371/16 DATED 14.11.2016 ISSUED BY THE 2ND RESPONDENT.

WP(C).No.2996 OF 2021(Y)

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 16.11.2016 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 06.06.2018 IN W.P.(C) NO.35434/2016.

EXHIBIT P11 TRUE COPY OF THE RANK LIST OF ANGANWADI HELPERS IN AROOR PANCHAYATH PUBLISHED ON 12.08.2020.

EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 15.10.2020 IN WP(C) NO.21921/2020.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 12.02.2021 SENT BY SPEED POST BY THE PETITIONERS TO THE ADDITIONAL 7TH RESPONDENT.