Sheeba P vs Union Of India
2021 Latest Caselaw 14988 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                    WP(C) NO. 11099 OF 2021
PETITIONERS :-

    1     SHEEBA P., AGED 42 YEARS
          W/O.VIJAYAKRISHNAN, KUTTASSERY HOUSE,
          PANTHARANGADI P.O., TIRURANGADI,
          MALAPPURAM DISTRICT, PIN - 676 306.

    2     SHOBHANA M., AGED 46 YEARS
          W/O.SURENDRAN, KADIMUTTATH HOUSE, PANTHARANGADI P.O.,
          TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676 306.

    3     SABITHA P.P., AGED 37 YEARS
          W/O.SIVADASAN, ELAPARAMBATH VEEDU,
          PANTHARANGADI P.O., TIRURANGADI,
          MALAPPURAM DISTRICT, PIN - 676 306.

    4     SAJITHA M.P.
          W/O.SREEKUMAR A.T., ARAKKATHODI VEEDU,
          TIRURANGADI P.O., MALAPPURAM DISTRICT.

    5     SREEJITHA C.T., AGED 36 YEARS
          W/O.RAVI, KAPRATTUPADIKKAL, VENNIYUR P.O.,
          MALAPPURAM DISTRICT.

    6     PREETHA MELEVEETTIL, AGED 44 YEARS
          D/O.DAMODARAN, MELEVEETTIL, RAUF QUARTERS, KACHADI,
          VENNIYUR P.O., MALAPPURAM DISTRICT.

    7     RADHAMANI C.P., AGED 38 YEARS
          W/O.UNNI, CHEMMALAPPADI, PANTHARANGADI P.O.,
          MALAPPURAM DISTRICT.

          BY ADVS.
          SRI.K.P.SUDHEER
          SMT.ANJALI MENON
 WP(C) NO. 11099 OF 2021

                               -: 2 :-


RESPONDENTS :-

     1      UNION OF INDIA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            MINISTRY OF WOMEN AND CHILD DEVELOPMENT,
            SASTHRI BHAVAN, THIRUVANANTHAPURAM - 695 001.

     2      THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            SOCIAL WELFARE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

     3      THE DIRECTOR,
            WOMEN AND CHILDREN DEPARTMENT
            DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN,
            THIRUVANANTHAPURAM - 695 001.

     4      DISTRICT SOCIAL WELFARE OFFICER
            MALAPPURAM, PIN - 676 505.

     5      THE CHILD DEVELOPMENT PROJECT OFFICER
            TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676 306.

     6      DISTRICT COLLECTOR
            COLLECTORATE, UP HILL, MALAPPURAM - 676 505.

     7      TIRURANGADI MUNICIPALITY
            TIRURANGADI - 676 306, MALAPPURAM DISTRICT,
            REPRESENTED BY ITS SECRETARY.

     8      THE CHAIRPERSON, TIRURANGADI MUNICIPALITY,
            TIRURANGADI - 676 306, MALAPPURAM DISTRICT.

     9      THE SELECTION COMMITTEE CONSTITUTED FOR THE
            SELECTION OF ANGANWADI WORKERS/HELPERS,
            TIRURANGADI MUNICIPALITY, TIRURANGADI - 676 306,
            MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRPERSON.

    10      LAILABI K.
            NEELIMAVUNGAL VEEDU, KOZHIKODE ROAD, CHEMMADU,
            MALAPPURAM DISTRICT, PIN - 676 306.
 WP(C) NO. 11099 OF 2021

                               -: 3 :-

    11      SINDHU KALANGATTU
            KALANGATTU HOUSE, KARUMBIL, VENNIYOOR, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

    12      PRIYA KURUNGODATHIL
            KADARI VEEDU, KOTTUVALAPARAMBU, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    13      SHAHEEDA K.P.
            THAYYIL VEEDU, KAKKAD, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    14      ARIFA CHEMBAYIL
            KATTIL VEEDU, KARMBILVENNIYOOR, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

    15      SHYLAJA V.
            KOLLERITHODI VEEDU, VALAKKULAM, CHULLIPPARA,
            TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676 508.

    16      SUJATHA K.
            NARIMADAKKAL HOUSE, VENNIYOOR, VALAKKULAM, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

    17      SUJITHA T.P.
            CHANDANAMPARAMATH HOUSE, KOTTAPALAKKAD, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    18      RUSBANA M.P.
            KOLUTHUMATTIL VEEDU, KARUMBIL, VENNIYOOR, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

    19      RAJANI VADAKKUMPATTYU
            MEPPARAMBATH VEEDU, PANTHARANGADI, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 308.

    20      SEENA A.
            MULLAPPALLY VEEDU, VENNIYOOR, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

    21      SULAIKHA K.T.
            KADUNGUMTHOTTATHIL VEEDU, K.C.ROAD, TIRURANGADI P.O.,
            MALAPPURAM DISTRICT, PIN - 676 306.
 WP(C) NO. 11099 OF 2021

                               -: 4 :-

    22      SINDU K.
            KODAKKADATH VEEDU, VENNIYOOR, KODIMARAM, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

    23      AZYA MANGODAN
            PULLADAN VEEDU, PANTHARANGADI P.O., TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    24      ASMA KARADAN
            KARADAN VEEDU, T.C.ROAD, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    25      LAKSHMI AVUNJIKKADAN
            VELLAKKATTU PURAYIL VEEDU, PANTHARANGADI, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    26      KADHEEJABI M.
            KALATHUMATTIL, KAKKADU, TIRURANGADI P.O., TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    27      LAKSHMI KOLARVETTIL
            MULAMUKKIL VEEDU, KAKKADU, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    28      BINDU P.P.
            PUTHANVEETTIL VEEDU, PANTHARANGADI, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    29      RAJANI P.
            KURUNGODATHIL HOUSE, PANTHARANGADI, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 306.

    30      RASHEEDA P.A.
            THADATHIL, NEELIKKAL KADU VEEDU, THAZHECHENA,
            TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676 306.

    31      BEENA K.P.
            NELLITHODI VEEDU, VENNIYOOR, TIRURANGADI,
            MALAPPURAM DISTRICT, PIN - 676 508.

            SRI. BIJOY CHANDRAN - SR. G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11099 OF 2021

                                    -: 5 :-


                                  JUDGMENT

Dated this the 16th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Call for the records leading to Exhibits P8, P15, P15(a) to P15(u), P16 to P19 and quash Exhibits P8, P15, P15(a) to P15(u), P16 to P19 by issuing a writ of certiorari or any other appropriate writ, order or direction.

(ii) declare that the selection process conducted by the respondents 4 and 5 and consequent appointment of respondents 10 to 31 are illegal as against the direction in Exhibit P22 judgment.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 6th respondent to consider and pass orders on Exhibits P20 and P21 after hearing the petitioners.

(iv) direct the 2nd respondent to formulate necessary guidelines in terms of the directions contained in Exhibit P22 judgment and conduct fresh selection to the post of Anganwady workers and helpers in 7th respondent Municipality after cancelling the entire selection conducted pursuant to Exhibit P8."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted that the petitioners are applicants for the

post of Anganwadi helpers and workers respectively. They contend

that the selection made to the post by the respondents is against the WP(C) NO. 11099 OF 2021

directions contained in the relevant Government Orders and the

judgments of this Court and that the further appointments from the

lists prepared are liable to be interdicted. The petitioners had, after

filing of the writ petition, moved Ext.P24 representation before the 3rd

respondent pointing out their grievances as against the list of

Anganwadi helpers and workers and seeks a consideration of the

same.

4. I notice from Ext.P24 that the contentions raised are with

regard to the constitution of the selection committee. Without

expressing any view on the merits of the matter, there will be a

direction to the 3rd respondent to take up, consider and pass orders

on Ext.P24 representation preferred by the petitioners. Orders shall

be passed within a period of three months from the date of reciept of

a copy of this judgment. In case the 3 rd respondent finds any merit in

the complaint made, notice can be issued to the affected persons also.

In that event, the appointments made from the list under challenge

will be subject to the orders to be passed by the Director.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/19.7.2021 WP(C) NO. 11099 OF 2021

APPENDIX OF WP(C) 11099/2021 PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 4TH PETITIONER.

EXHIBIT P5 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 5TH PETITIONER.

EXHIBIT P6 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 6TH PETITIONER.

EXHIBIT P7 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 22/09/2020 ISSUED TO THE 7TH PETITIONER.

EXHIBIT P8 TRUE COPY OF NOTIFICATION DATED 24/02/2020 PUBLISHED BY THE 5TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF GO(MS) NO.58/2008/SWD DATED 22/10/2008 ISSUED BY GOVERNMENT OF KERALA, SOCIAL WELFARE(B) DEPARTMENT.

EXHIBIT P10 TRUE COPY OF GO(MS) NO.74/2012/SJD DATED 22/12/2012 ISSUED BY GOVERNMENT OF KERALA, SOCIAL JUSTICE (B) DEPARTMENT.

EXHIBIT P11 TRUE COPY OF THE RELEVANT EXTRACT OF ICDS MANUAL PUBLISHED BY THE FIRST RESPONDENT.

EXHIBIT P12 TRUE COPY OF ORDER F.NO.I-14/2006-CD-1 DATED 28/5/2007 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF WOMEN & CHILD DEVELOPMENT. WP(C) NO. 11099 OF 2021

EXHIBIT P13 TRUE COPY OF APPLICATION DATED 22/03/2021 SUBMITTED BY THE 1ST PETITIONER UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P14 TRUE COPY OF REPLY NO.E/816/2021 DATED 9/3/2021 GIVEN BY THE 4TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT ALONG WITH ITS ENCLOSURE.

EXHIBIT P15 TRUE COPY OF ORDER NO.ICDS.TGI/TDI/W/27/21(1) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 10TH RESPONDENT.

EXHIBIT P15(a) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/W/27/21(1) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 11TH RESPONDENT.

EXHIBIT P15(b) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(2) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 12TH RESPONDENT.

EXHIBIT P15(c) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(3) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 13TH RESPONDENT.

EXHIBIT P15(d) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(5) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 14TH RESPONDENT.

EXHIBIT P15(e) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(4) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 15TH RESPONDENT.

EXHIBIT P15(f) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(7) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 16TH RESPONDENT.

EXHIBIT P15(g) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(8) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 17TH RESPONDENT.

EXHIBIT P15(h) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(6) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT WP(C) NO. 11099 OF 2021

TO THE 18TH RESPONDENT.

EXHIBIT P15(i) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(9) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 19TH RESPONDENT.

EXHIBIT P15(j) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(10) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 20TH RESPONDENT.

EXHIBIT P15(k) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(11) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 21ST RESPONDENT.

EXHIBIT P15(l) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(13) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 22ND RESPONDENT.

EXHIBIT P15(m) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(12) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 23RD RESPONDENT.

EXHIBIT P15(n) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(15) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 24TH RESPONDENT.

EXHIBIT P15(o) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(16) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 25TH RESPONDENT.

EXHIBIT P15(p) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(17) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 26TH RESPONDENT.

EXHIBIT P15(q) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(19) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 27TH RESPONDENT.

EXHIBIT P15(r) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(21) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 28TH RESPONDENT.

WP(C) NO. 11099 OF 2021

EXHIBIT P15(s) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(20) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 29TH RESPONDENT.

EXHIBIT P15(t) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(18) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 30TH RESPONDENT.

EXHIBIT P15(u) TRUE COPY OF ORDER NO.ICDS.TGI/TDI/H/27/21(14) DATED 13/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 31ST RESPONDENT.

EXHIBIT P16 TRUE COPY OF RANK LIST PUBLISHED BY THE 5TH RESPONDENT IN RESPECT OF ANGANWADI WORKERS.

EXHIBIT P17 TRUE COPY OF RANK LIST PUBLISHED BY THE 5TH RESPONDENT IN RESPECT OF ANGANWADI HELPERS.

EXHIBIT P18 TRUE COPY OF MARK LIST OF ANGANWADI WORKERS.

EXHIBIT P19 TRUE COPY OF MARK LIST OF ANGANWADI HELPERS.

EXHIBIT P20 TRUE COPY OF APPEAL MEMORANDUM DATED 20/2/2021 SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT.

EXHIBIT P21 TRUE COPY OF APPEAL MEMORANDUM DATED 09/03/2021 SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT.

EXHIBIT P22 TRUE COPY OF JUDGMENT DATED 26/11/2019 IN WRIT PETITION (CIVIL) NO.24893/2018 PASSED BY THIS HON'BLE COURT.

EXHIBIT P23 TRUE COPY OF ORDER DATED 23/2/2021 ISSUED BY THE 3RD RESPONDENT.