Dismissed

Anilkumar. V.S v. Secretary

Kerala HC9 Jan 2020WP(C)/394/2020

Case brief

AI extract

What is this about?

Supreme Court directed respondents to make guidelines for recruitment of Anganwadi workers and helpers across the country and to consider reservations for SC/ST. The court dismissed the writ petition in PIL, directing respondents to formulate guidelines for recruitment, consider reservation for SC/ST, etc. The court held that recruitment, qualifications, and conditions of service are matters of ex

What did the court decide?

Writ petition dismissed. No direction to formulate guidelines, specify qualifications, or provide reservation was granted.

Anilkumar. V.S Vs Secretary — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941

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WP(C).No.394 OF 2020(S)

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PETITIONER:

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ANILKUMAR. V.S AGED 54 YEARS DEVAKI SADAN, VEGANOOR P.O., THIRUVANANTHAPURAM-695 523

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BY ADV. SHRI.PRASANNA KUMAR K.

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RESPONDENTS:

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1 SECRETARY

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MINISTRY OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT OF INDIA, SASTHRI BHAVAN, NEW DELHI-110 001

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2 SECRETARY,

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MINISTRY OF LABOR AND EMPLOYMENT, GOVERNMENT OF INDIA, SASTHRI BHAVAN, NEW DELHI-110 001

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3 DIRECTOR,

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DEPARTMENT OF SOCIAL JUSTICE, GOVERNMENT OF KERALA, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-33

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4 UNDER SECRETARY MINISTRY OF WOMEN AND CHILD DEVELOPMENT,GOVERNMENT OF INDIA, SASTHRI BHAVAN, NEW DELHI-110 001

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SENIOR GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.394 OF 2020

JUDGMENT

S.MANIKUMAR,CJ

Claiming himself to be a public interest litigant, Mr.V.S. Anilkumar has sought for a writ of mandamus directing the Secretary, Ministry of Women and Child Development, Government of India, New Delhi, respondent No.1, to formulate certain guidelines for recruitment of Anganwadi workers and Anganwadi helpers across the country.

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Petitioner has further sought for a direction to the said respondent to abide by the feasible provisions of Employment Exchanges Act for the recruitment of Anganwadi workers and Anganwadi helpers. Petitioner has also sought for a direction to consider the rule of reservation for Scheduled Caste/Scheduled Tribe in the matter of recruitment of Anganwadi workers and Anganwadi helpers.

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A further direction has also been sought for, to respondent Nos.1 to 4 to give preference to candidates holding certificates in Early Childhood Care and Educational (ECCE) or Diploma in Early Childhood Development from recognized Government institutions for recruiting Anganwadi workers and Anganwadi helpers.

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Supporting the prayers sought for, petitioner has stated that the selection was made by a committee consisting of District social Welfare Officer, the BDO, the CDPO, the Medical Officer of the Primary Health

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WP(C).No.394 OF 2020

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Centre, the President of the Taluk Panchayat/Block Advisory Committee, the district representative of the State Social Welfare Advisory Board and any other non-officials which the State Government may consider appropriate. According to him, delegation of powers for the recruitment of Anganwadi workers and Anganwadi helpers to the District magistrates/District Collectors, would result in influencing the selection of Anganwadi workers and Anganwadi helpers. Further submission of the petitioner is that, the best available human resources would be considered amongst the candidates holding certificates in Early Childhood Care and Educational or diploma in Early Childhood Development from recognised Government institutions for the recruitment of Anganwadi workers and Anganwadi helpers. Learned counsel also submitted that, there is also no provision for reservation.

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Heard learned counsel for petitioner and perused the material available on record.

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The Ministry of Women and Child Development, Government of India has issued guidelines dated 9^th December, 2013 for appointment of Anganwadi workers and Anganwadi helpers and the same is extracted hereunder:

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Press Information Bureau Government of India Ministry of Women and Child Development

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09-December-2013 16:14 IST

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WP(C).No.394 OF 2020

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Guidelines for Appointment of Anganwadi Workers

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The Ministry of Women and Child Development has issued the following guidelines/instructions to the State Governments/UT Administrations regarding appointment of Anganwadi Workers (AWWs) under ICDS Scheme:

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"The Anganwadi workers should be a lady from the local village and acceptable in the Local community. Special care should be taken in her selection so that the children of Scheduled Caste and other weaker sections of the society are ensured free access to Anganwadi. The AWWS in the selected project areas may be selected by a committee consisting of the District Social Welfare Offficer, the BDO, the CDPO,. the Medical Officer of the Primary health centre, the President of the Taluka Panchayat /block Advisory Committee, the district representative of the State Social Welfare Advisory Board and any other non-officials which the State Government may consider appropriate". The States/UTs were also suggested not to include the Member of Legislative Assembly (MLA) in the Selection Committee Under recently approved Restructured ICDS Scheme, minimum qualification for selection of Anganwadi Workers has been fixed as Matriculation and the age as 18-35 years.

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The guidelines issued by the Union Government to the States/UTs for appointment of Anganwadi Workers have by and large been implemented by all the States/UTs However, the State Government of West Bengal has included Member of Legislative Assembly in the Selection Committee for appointment, of Anganwadi Workers. The State Government has been requested to take the corrective measures in this regard.

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This was stated by Smt. Krishna Tirath, Minister for Women and Child Development in a written reply to the Lok Sabha.

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WP(C).No.394 OF 2020

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Ministry of Women and Child Development, Government of India has considered the recruitment of Supervisors and Anganwadi workers and Anganwadi helpers and decided that the powers to fill up vacancies in the grade of Supervisors against promotion quota may be delegated to District Magistrate/District Collectors in 115 Aspirational Districts and accordingly issued a letter dated 14^th March, 2018 to all the Principal Secretaries/Secretaries-in-Charge of WCD/Social Welfare Department (Anganwadi Services) in all States/UTs. The said letter dated 14^th March, 2018 is extracted as under;

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Government of India

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Ministry of Women & Child Development

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Shastri Bhawan, New Delhi-1, Dated: 14th March, 2018

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Principal Secretaries/Secretaries in-charge of WCD/Social Welfare Department (Anganwadi Services) in all States/UTS

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Subject:Delegation of powers for the recruitment of Anganwadi Workers (AWWS)/Anganwadi Helpers (AWHS) and Supervisors - Regarding

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Sir/Madam,

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In the first meeting of the Empowered Committee held on 6th March, 2018 in the NITI Aayog, it was, inter alia, decided that powers to recruit Anganwadi Workers (AWWS)/Anganwadi Helpers (AWHS) and Supervisors in 115 Aspirational Districts (list enclosed) may be delegated to District Magistrates/District Collectors.

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In this regard, it may be stated that the Anganwadi Services [under Umbrella Integrated Child Development Services (ICDS) Scheme] envisage Anganwadi Workers & Anganwadi Helpers as 'honorary workers' from the local community who come forward to render their services, on part time basis, in the area of child care and development. They are paid monthly honorarium as decided by the Government from time to time. Therefore, the powers to recruit AWWS/AWHS may be delegated

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WP(C).No.394 OF 2020

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to District Magistrates/District Collectors across the country.

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As regards recruitment of Supervisors under Anganwadi Services, it is stated that as per revised guidelines, there is a provision of promotion to the extent of 50% of vacancies in the grade of Supervisors from amongst Anganwadi Workers with 10 years of service and fulfilling extant provisions of Recruitment Rules. Therefore, the powers to fill up vacancies in the grade of Supervisors against promotion quota may be delegated to District Magistrates/District Collectors in 115 Aspirational Districts.

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Accordingly, all States/UTS are requested to delegate powers to recruit Anganwadi Workers/Anganwadi Helpers across the country and Supervisors (against promotion quota) under Anganwadi Services in 115 Aspirational Districts to District Magistrates/District Collectors, and expedite filling up vacancies on priority basis.

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Yours faithfully, Sd/( MANOJ KUMAR ) Under Secretary to the Government of India

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Copy to: Directors (Anganwadi Services/ICDS) in all States/UTS.

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Ministry of Women and Child Development, Government of India is

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empowered to frame guidelines for appointment of Anganwadi workers and Anganwadi helpers. It is true that, in the year 2013, Ministry of Women and

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Child Development has issued guidelines for appointment of Anganwadi workers and Anganwadi helpers and the power of selection is vested with the committee stated supra. Mr.Prasanna Kumar, learned counsel for petitioner submitted that no qualification has been prescribed for the appointment of Anganwadi workers and helpers. We are not inclined to accept the said contention for the reason that the guidelines issued on 9^th December, 2013 shows that under recently approved Restructured ICDS Scheme, minimum qualification for selection of Anganwadi workers and Anganwadi helpers has

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WP(C).No.394 OF 2020

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been prescribed as Matriculation and the age as 18-35 years.

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Going through the letter dated 9^th December, 2013, we find that, there is no change in the qualification prescribed for the appointment of Anganwadi workers. It is well settled that, Government is empowered to prescribe the qualifications, age and other criteria for appointment to a post in services or appointment under the Restructured ICDS Scheme. Though petitioner has sought for reliefs directing respondents 1 to 4 to give preference to those candidates holding certificates in Early Childhood Care and Educational (ECCE) or Diploma in Early Childhood Development from any recognized Government institutions for appointment of Anganwadi workers and Anganwadi helpers, this Court cannot issue any such direction, despite that, it is purely the executive authority to prescribe the educational qualification, age and other qualification. Reference can be made to decisions of the Hon'ble Supreme Court in P.U.Joshi & others v. Accountant General, Ahmedabad & others reported in [(2003) 2 SCC 632]. Relevant portion of the said decision reads thus:

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“10. We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to

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direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service.”

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Direction to respondent No.1 to consider statutory reservation for SC/ST community in the matter of recruitment of Anganwadi workers and Anganwadi helpers also cannot be granted for the reason that, the Hon'ble Apex Court in State of Karnataka and others v. Ameerbi and others

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[(2007)11 Supreme Court Cases 681] held that, Anganwadi workers and Anganwadi helpers would not fall within the ambit of a post in service, either State or Central, as the case may be, and guidelines have already been framed by the Government of India, which is reflected in the proceedings

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WP(C).No.394 OF 2020

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dated 9^th December, 2013. The prayer sought for as against respondent No.1 to frame guidelines for recruitment of Anganwadi workers and Anganwadi helpers across the country is also not maintainable.

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In the light of the above discussion and decisions of the Hon'ble Supreme Court, we are not inclined to entertain the instant writ petition filed as public interest litigation. Accordingly, it is dismissed.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

smv

WP(C).No.394 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 GOVERNMENT OF INDIA PRESS RELEASE DATED 09.12.2013 EXHIBIT P2 MINISTRY'S ORDER DELEGATING DISTRICT COLLECTOR TO APPOINT ANGANWADI WORKERS/HELPERS DATED 14.03.2018 EXHIBIT P3 REPRESENTATION MADE BY THE PETITIONER TO RESPONDENT NO.1 DATED 11.10.2018

Anilkumar. V.S v. Secretary

Case brief

What is this about?

What did the court decide?

Anilkumar. V.S v. Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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