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LPA/318/2009 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 318 of 2009
In
SPECIAL CIVIL APPLICATION No. 600 of 2009
With
LETTERS
PATENT APPEAL No. 319 of 2009
In
SPECIAL CIVIL APPLICATION No. 601 of 2009
With
LETTERS
PATENT APPEAL No. 320 of 2009
In
SPECIAL CIVIL APPLICATION No. 602 of 2009
With
LETTERS
PATENT APPEAL No. 321 of 2009
In
SPECIAL CIVIL APPLICATION No. 603 of 2009
And
CIVIL
APPLICATION No. 3032 of 2009
In
LETTERS PATENT APPEAL No. 318 of 2009
With
CIVIL
APPLICATION No. 3033 of 2009
In
LETTERS PATENT APPEAL No. 319 of 2009
With
CIVIL
APPLICATION No. 3039 of 2009
In
LETTERS PATENT APPEAL No. 320 of 2009
With
CIVIL
APPLICATION No. 3040 of 2009
In
LETTERS PATENT APPEAL No. 321 of 2009
=====================================================
CHAUHAN
SAVITABEN PARVATSINH - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=====================================================
Appearance
:
MR KB PUJARA for Appellant(s) :
1,
MR NIKUNT K.RAVAL, AGP for Respondent(s) : 1,
Respondent(s)
: 1 - 2 SERVED.
MR HS MUNSHAW for Respondent(s) : 3,
None for
Respondent(s) :
4,
=====================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 09/04/2009
COMMON
ORAL ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
group of Appeals preferred under clause 15 of the Letters Patent
arise from the common judgment and order dated 10th
February, 2009 passed by the learned Single Judge in the above writ
petitions.
Subject
matter of dispute is appointment of certain Anganwadi workers at
various Anganwadi centres in the villages of Balasinor taluka,
District Kheda.
The
Child Development Project Officer, Balasinor published advertisement
dated 12th May, 2008 to invite applications for selection
and appointment of Anganwadi workers at various Anganwadi centres in
the villages of Balasinor taluka. Pursuant to the said advertisement,
the appellants and others had applied for selection and appointment
as Anganwadi workers. It was the respondent no.4 in each Appeal who
was selected and appointed as Anganwadi worker. The appellants having
not been selected, preferred the above writ petitions under Article
226 of the Constitution of India. It was the case of the appellants
that the appointment of Anganwadi workers under the Integrated Child
Development Scheme is required to be made on the local basis i.e.
only local candidates are appointed to be Anganwadi workers. The said
policy has since been altered by the Government Resolution dated 10th
September, 2008. In case of
the selection pursuant to the aforesaid advertisement dated 12th
May, 2008, the respondent Child Development Project Officer has
applied the modified policy of 10th September, 2008 and
has selected the concerned respondent ignoring the right of the
appellants.
The
learned Single Judge has dismissed the writ petitions. According to
the learned Single Judge the Government Resolution dated 10th
September, 2008 does not contain a new or modified policy for
selection and appointment of Anganwadi workers but it merely explains
what the words ‘local candidate’ mean. Therefore, the present
Appeals.
Learned
advocate Mr.Pujara has appeared for the appellants. He has taken us
through the various circulars and resolutions issued in respect of
appointment of Anganwadi workers. He has submitted that since 1994 it
is the policy of the State Government to appoint Anganwadi workers
from amongst the local candidates. A deviation has been made for the
first time by impugned Resolution issued on 10th
September, 2008. He has submitted that under the aforesaid Resolution
dated 10th September, 2008 not only the local candidates
but the candidates of other villages which constitute one common gram
panchayat have also been made eligible for appointment as Anganwadi
workers. He has submitted that it is the settled proposition of law
that once the advertisement is issued and recruitment procedure is
started, any alteration in the recruitment rules or procedure shall
not affect the recruitment which has already been commenced. In the
present case, the concerned respondent no.4 has been selected in
violation of the aforesaid principle. In the submission of Mr.Pujara,
the learned Single Judge has erred in not appreciating the contention
in its correct perspective.
We
are unable to agree with Mr.Pujara. It is true that it is the policy
of the State Government to appoint Anganwadi workers from amongst the
local candidates and that is the policy which is reiterated under the
Government Resolution dated 10th September, 2008. We have
considered the nature of services rendered at Anganwadi centres and
the functions of an Anganwadi worker. In that context, in our
opinion, the words ‘local candidate’ would necessarily mean a
candidate who resides within the revenue limits of the village in
which the Anganwadi centre is situated.
Learned
advocate Mr.Munshaw has demonstrated before us that the candidates
selected do reside within the revenue limits of the village in which
the concerned Anganwadi centre is situated.
For
the aforesaid reasons, we see no substance in these Appeals. The
Appeals are dismissed in limine. Civil Applications stand disposed
of.
Registry
will maintain copy of this order in each Appeal.
(M.D.Shah,
J.) (Ms.R.M.Doshit, J.)
/moin
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