Remanded

Isukapati Bhargavi v. the State of Ap

Andhra Pradesh HC13 Jun 2023WP/10015/2023

Case brief

AI extract

What is this about?

This order quashes the respondents' decision rejecting the petitioner's application for an Anganwadi teacher post based on marriage guidelines. The court directs the authorities to reconsider her case after relaxing the marriage-related conditions stipulated in G.O.Ms.No.21, following a direction from the Additional Chief Secretary, within four weeks.

What did the court decide?

Directing respondents to consider petitioner's request with relaxation of marriage guidelines and take appropriate action within 4 weeks if otherwise eligible.

Isukapati Bhargavi Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE D.RAMESH

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WRIT PETITION No. 10015 of 2023

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ORDER :

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The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in making the appointments in 76^th and 77^th code centres of Chinanindrakolanu Village, Nidamarru Mandal, Eluru District, A.P. as arbitrary, illegal and contrary to violation of G.O.Ms.No.21 WD&CW, Department dated 24.9.2007, G.O.Ms.No.7, dated 27.01.2012, G.O.Ms.No.18 dated 15.5.2015, G.O.Ms.No.15, dated 04.4.2012 and Directions of Spl. Commissioner, WD & CW Department dated 13.12.2018 and to pass such other order or orders as are necessary.

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The contention of the petitioner is that she studied Intermediate and discontinued B.Sc, as both her mother and father expired. The petitioner has undergone computer training through DRDA in MS Office and she is an unemployee. Initially she worked on monthly wage basis and thereafter as computer operator in Ganapavaram post office under outsourcing basis. 4. She further submitted that there are three Anganwadi Centers in Chinanindrakolanu Village i.e. 76^th , 77^th and 78^th code

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centres are of OC, SC and BC centres respectively. Basing on the notification, the petitioner has applied for the post of Anganwadi teacher/Anganwadi worker and the petitioner is only eligible candidate available for Anganwadi center code no.77. But surprisingly, the respondents have rejected the case of the petitioner vide proceedings dated 13.02.2020 on the ground that the petitioner being an unmarried woman and she is not willing to marry which is contrary to the conditions/guidelines issued in G.O.Ms.No.21 dated 24.9.2007.

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After rejection of the petitioner’s case, she has made a request to all concerned. Considering the request made by the petitioner, the Additional Chief Secretary to the Chief Minister of A.P has directed the Principal Secretary to Government, Women and Child Welfare Department to consider the case of the petitioner by giving relaxation to G.O.Ms.No.21, if the petitioner is otherwise eligible, vide proceedings dated 28.10.2020. Despite receipt of the said letter, the respondents have not considered the case of the petitioner. Hence the writ petition.

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Though time granted, the respondents have not filed counter.

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In view of the above said circumstances, the respondents

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particularly respondent nos.2 to 4 are directed to consider the request of the petitioner along with recommendation made by the Additional Chief Secretary dated 28.10.2020 by relaxing the guidelines with regard to marriage and take appropriate action, within a period of four (04) weeks, if the petitioner is otherwise eligible.

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