SARLA AND 3 OTHERSversusState of UP AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 WRIT - A No. - 4731 of 2024

Sarla And 3 Others
                                                               .....Petitioner(s)
                                    Versus
State Of Up And 3 Others
                                                             .....Respondent(s)

Counsel for Petitioner(s)           :   Man Bahadur Singh, Sudha Yadav
Counsel for Respondent(s)           :   C.S.C.

Court No. - 33
                     HON'BLE VIKAS BUDHWAR, J.

1. Heard Sri Man Bahadur Singh, learned counsel for the petitioners and Sri
Pramod Kumar Srivastava, learned Additional Chief Standing Counsel, who
appears for State-respondents.

2. The counsel for the rival parties have made a joint statement that they do
not propose to file any further affidavits thus with the consent of the parties,
writ petition is being decided at the fresh stage.

3. The case of the writ petitioners who are 4 in number is that the petitioner
no. 1 had passed Class VIII was appointed as Anganwadi Sahaika in
Anganwadi Center in Gram Sabha Sisona, Block Bilaspur, District Rampur
on 14.07.2011, the petitioner no. 2 also cleared Class VIII exam and was
appointed as Anganwadi Sahaika in Anganwadi Center in Gram Sabha
Noorpur, Block Bilaspur, District Rampur on 29.09.2007, the petitioner no.
3 was appointed as Anganwadi Sahaika in Anganwadi Center in Gram
Sabha/Ward Mahunagar-2, Block Bilaspur, District Rampur on 14.07.2011
after clearing the High School examination followed by the petitioner no. 4
who cleared Class VIII was appointed as Anganwadi Sahaika in
Anganwadi Center in Gram Sabha Mirzapur, Block Bilaspur, District
Rampur on 15.07.2006. According to the writ petitioners, they are fully
eligible and qualified in all respects to be appointed/ promoted on the post
of Anganwadi Karyakarti in accordance with the Government order dated
29.01.2021, according to which the minimum educational qualification is
passing of High School for appointment/ promotion on the post
of Anganwadi Karyakarti. As per the writ petitioner, recruitment exercise
stood undertaken in the year 2021 and filed their application in the month of
June-2021. The appointment/ promotion exercise/ selection could not be
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concluded and thereafter a Government order came to be issued on
21.03.2023 whereby the educational qualification stood elevated from High
School to Intermediate and the selections were abandoned. The writ
petitioners being aggrieved against the same preferred representation and
since the same were not disposed of, the present writ petition came to be
preferred for issuance of a direction for declaring the Government order
dated 21.03.2023 issued by the State Government not to be applicable in the
case of writ petitioners and to promote the writ petitioners on the post
of Anganwadi Karyakarti.

4. This Court entertained the writ petition on 04.04.2024 and sought
response. Thereafter a counter affidavit has been filed sworn by District
Program Officer, Rampur dated 30.05.2024 to which a rejoinder affidavit
has been filed.

5. Learned counsel for the writ petitioners has submitted that the action on
the part of the respondents is not concluding selection process which stood
commenced in the year 2021 for appointment/ promotion from the post
of Anganwadi Sahaika to Anganwadi Karyakarti in terms of the Government
order dated 29.01.2021 is illegal, arbitrary and in violation of Article 14 read
with 16 of the Constitution of India. Submission is that once the selection
process stood commenced on the basis of the Government order which was
in vogue at that point of time, merely because there was at a subsequent
stage, the same stood rescinded by virtue of a new Government Order, the
rights which stood crystalized cannot be taken away. Submission is that now
by virtue of the Government order dated 21.03.2023, the educational
qualification stood elevated from High School to Intermediate and thus the
claim of the writ petitioners cannot be throttled in that regard.

6. Learned Additional Chief Standing Counsel on the other hand submits
that whatever might be mere selection does not give an indefeasible right
and further since the selection proceedings did not conclude and the
appointment orders were not issued and the writ petitioners did not join,
thus, it is always open for the respondents not to proceed with the selections.

7. I have heard learned counsel for the parties and gone through the records
carefully.

8. Apparently, the writ petitioners claims that they are appointed on the post
of Anganwadi Shahika. They seek appointment/ promotion on the post
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of Anganwadi Karyakarti. In paragraph-19 & 20, an averment has been
made in the writ petition that the respondents published an advertisement for
appointment on the post of Anganwadi Worker in the year 2021, the said
paragraphs stands replied in paragraph-13 of the counter affidavit while
stating that the same being matter of record. The application form so
submitted by the writ petitioners has been annexed as Annexure-11 at page
72-74 of the paperbook, averments whereof has been made in para-20 of the
writ petition, the following has been asserted as under:

     "19.That in the year 2021, the respondent made an advertisement
     for appointment on the post of Anganwadi Workers in Block
     Bilaspur including the post of Anganwadi Workers in Gram
     Sabha Sisauna, Gram Sabha/Ward Mahunagar-2 and Gram
     Sabha Mirzapur and online applications were invited from ( the
     eligible candidates including the Anganwadi Assistants working
     in those Anganwadi Centers. However the petitioners could not
     obtain a copy of the said advertisement.

     20. That in pursuance of the advertisement issued by the
     respondents for appointment/promotion on the post of Anganwadi
     Workers, the petitioners being fully eligible and qualified for the
     post of Anganwadi Workers, submitted their online applications,
     which were dully accepted and duly registered. However the
     petitioner no. 4 could not obtained the print out of her
     application. Copies of Online Applications of petitioner no. 1, 2
     & 3 are collectively being filed herewith and marked as Annexure
     No. 11 to this writ petition."

9. The same has been replied in para-13 &14 of the counter affidavit, the
following was observed as under:

     "13. That the contents of paragraph no. 18 and 19 of the writ petition
     being matter of record as such needs no comments.

     14. That in reply to the contents of paragraph no. 20, 21, 22, 23, 24, 25,
     26, 27 and 28 of the writ petition it is submitted that also a Government
     Order dated 29.01.2021 has been issued by the State Government for
     selection of Anganwadi Karyakarti, Mini Anganwadi and Sahaika in the
     aforesaid Government Order the educational qualification is fixed to pass
     high school. It is the admitted case that for selection of Anganwadi
     Karyakarti State Government has issued Government Order from time to
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     time and no Rules has been framed. However, pursuant to the
     Government Order dated 29.01.2021 the advertisement has been notified
     for appointment of Anganwadi Karyakarti. In paragraph 3(1) of the
     Government Order it has been mentioned 50% post of Anganwadi
     Karyakarti shall be filled up of Anganwadi Sahaika who is completed 5
     years regular services and passed high school and not crossed the age of
     50 years. The petitioner has submitted an application form for
     appointment of Anganwadi Karyakarti under the aforesaid Government
     Order appeared completing the aforesaid selection process the State
     Government within its competence has issued new Government Order
     dated 21.03.2023 by which repealed the earlier Government Order dated
     29.01.2021 and in the new Government Order the educational
     qualification of the Anganwadi Karyakarti for appointment of Anganwadi
     Karyakarti and Anganwadi Sahaika is fixed to pass intermediate
     examination. It is further submitted in the aforesaid Government Order, it
     has been also clearly mentioned that the selection process who has not
     completed the same shall be cancelled and the new selection process be
     completed pursuant to the above order dated 21.03.2023."

10. As a matter of fact that the writ petitioners are stated to have applied for
appointment/ promotion on the post of Anganwadi Karyakarti on the basis of
the applications so submitted in the year-2021 in terms of the Government
order dated 29.01.2021 providing for minimum qualification to be High
School but since according to the parties, the selection had not concluded by
issuance of an appointment/ promotion order, thus, the respondents
abandoned the said selections in the wake of issuance of another
Government order dated 21.03.2023 rescinding the earlier Government order
dated 29.01.2021 whereby the educational qualification stood upgraded from
High School to Intermediate.

11. In the opinion of the Court, mere selection does not confer a legal right
and merely because the writ petitioners applied in pursuance of the
advertisement would not give an indefeasible right for appointment,
particularly, when the selections process a per the parties were never
finalized and there was no appointment order issued in that regard.

12. Apart from the same, it is not within the domain of the Court to issue a
blanket direction for appointment once the stand has been taken by the
respondents with relation to the fact that now the selections is to be done in
pursuance of the Government order dated 21.03.2023 and not 29.01.2021. In
absence of any legal vested right, no mandamus can be issued as sought for.
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                                    13. Accordingly, the writ petition stands rejected.

                                    March 19, 2026
                                    Ashu
                                                                                          (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad