In this writ petition concerning non-appointment as an Anganwadi Worker, the court held that once selected by the Selection Committee, the respondent authority was obligated to issue the appointment order and lacked discretion to withhold it.
The respondent directed to issue the order of appointment to the petitioner within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.19642 OF 2011
ORDER:
The 1st respondent issued a notification inviting applications for appointment of Anganwadi Workers for Ogidi Centre of West Godavari District. The petitioner and certain others submitted applications. Interviews were conducted on 29-01-2011. Only two candidates, viz., the petitioner and one Muppidi Lakshmi Kumari appeared for the interview. The Selection Committee selected the petitioner and her name was shown in the list of selected candidates. However, the order of appointment was not issued to the petitioner. Hence, this writ petition.
2. The 1st respondent filed a counter-affidavit stating that the petitioner was selected by the Selection Committee but, on a representation submitted by Muppidi Lakshmi Kumari, the matter is being examined.
3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
4. Once the petitioner was selected by the duly constituted Selection Committee, the 2nd respondent was under obligation to issue order of appointment. In case, any unsuccessful candidate feels aggrieved, she has to file an appeal before the appellate authority. The appointing authority has no power or discretion to withhold the order of appointment for a candidate, who was selected by the Selection Committee.
5. Hence, the Writ Petition is allowed and the 2nd respondent is
directed to issue order of appointment to the petitioner, duly verifying the other requirements within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
__________________ NARASIMHA REDDY, J September 29, 2011. Note: Issue C.C. in one week. B/O. KTL
2 issues framed by the court
Whether the appointing authority was obligated to issue an order of appointment after the Selection Committee selected the petitioner.
Whether the appointing authority had discretion to withhold the order of appointment for a selected candidate.
Petitioner
1st Respondent
2nd Respondent
Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
