Kashmir Kaur and Another vs Union of India (UOI) and Others

M.L. Singhal, J.—This is a petition under Articles 226/227 of the Constitution of India whereby Petitioners Kashmir Kaur and Harjit Kaur have prayed to this Court for the issuance of a writ in the nature of Certiorari for quashing the appointments of Respondents 5 to 7 to the posts of Anganwari workers. They have also prayed for the issuance of a writ in the nature of mandamus directing Respondents 1 to 4 to consider and select the Petitioners for the post of Anganwari workers keeping in view the claim of Scheduled Castes and Schedules Tribes quota envisaged in the Constitution of India providing for reservation to Scheduled Castes and Schedule Tribes in matters of employment to public service. It is averred by them that Respondent 3 has issued directions to all the Child Development Project Officers of District Amritsar and District Ferozepur laying down guidelines for the selection and appointment of Anganwari workers by them. While laying down these guidelines, no direction has been given by the District Programme Officer, Amritsar to keep in view the reservation of posts in public service in favour of Scheduled Castes and Scheduled Tribes and, therefore, to that extent those guidelines are of no effect and are unconstitutional. Petitioner are Scheduled Castes. They applied for the posts of Anganwari workers in the category of Scheduled Castes candidates. Apart from being Scheduled Castes, they fall in clause II of guidelines Annexure P 2 which lays down that preference should be given to widows/helpless and handicapped women while selecting Anganwari workers. Petitioners are poor and belong to Scheduled Castes. They deserve to be selected for the post of Anganwari workers. Instead Respondents 5 to 7 were selected for the posts of Anganwari workers. They belong to general category and are affluent. Respondents 5 to 7 managed to secure selection to the posts of Anganwari workers because they belong to resourceeful and influential families. Respondents 1 to 4 did not take into account comparative merits of the candidates. Qualification of the candidates was not considered nor any other instruction was observed while selecting Anganwari workers as given in guidelines/instructions Annexure P.2.

There are no rules governing the appointment of Anganwari workers. Anganwari workers are not borne on any cadre. Post of Anganwari workers carries a fixed honorarium. Clause II of guidelines Annexure P-2 covers widows/helpless and handicapped women. In our opinion it also covers the selections of women who belong to Scheduled Castes, Scheduled Tribes and backward classes etc. Any widow/helpless and handicapped woman is to be preferred for the post of Anganwari worker irrespective of the fact whether she belongs to general category or Scheduled Castes/Scheduled Tribes and backward classes.

Article 335 of the Constitution of India lays down that the claim of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency, of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. (Article 335 of the Constitution of India thus enjoins upon the State to take into consideration the claims of the members of the Scheduled Castes and Scheduled Tribes in the matter of a appointment to public Service. Anganwari workers is not an appointment but is only and engagement on a fixed honorarium. Posts of Anganwari workers are not borne on any cadre.

Nothing has been brought to our notice by the learned Counsel for the Petitioners in support of this averment in the writ petition that Respondents 5 to 7 are not helpless women. People belonging to general category can also be poor while people belonging to Scheduled Castes and Scheduled Tribes can be well off.

For the reasons given above, this writ petition fails and is dismissed.