The High Court dismissed a PIL filed by an MLA seeking directions to appoint Nutrition Counsellors/Anganwadi workers in his constituency, holding that the petition was not maintainable given the nature of the prayer and the petitioner's involvement in the selection committee.
Petition dismissed; pending miscellaneous applications closed.
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.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Public Interest Litigation No.196 of 2015
Between: Mr. K. V. Ramana Murthy, Member of Legislative Assembly, Pathapatnam Constituency, Srikakulam District.
… Petitioner
And The State of Andhra Pradesh, represented by its Principal Secretary, Women Development, Child Welfare and Disabled Welfare Department, Hyderabad and others.
DATE OF JUDGMENT PRONOUNCED: 3.8.2015
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V. BHATT
Public Interest Litigation No.196 of 2015
PC: (Per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
This Public Interest Litigation is filed by a Member of the Legislative Assembly seeking direction to the respondents to issue appointment letters to the selected candidates of Nutrition Counsellorscum-Additional Anganwadi Workers of Kotturu, Hiramandalam, Pathapatnam and Meliaputti Mandals of Srikakulam District.
It is not in dispute that the petitioner himself is a member of the Selection Committee and he is seeking such direction for appointment of the candidates, who according to him, are selected at the Anganwadis in his own Constituency.
Keeping the nature of prayer in view, we have no slightest doubt that the P.I.L. for such prayer is not maintainable.
Hence, the petition is dismissed.
Consequently, pending miscellaneous applications shall also stand closed.
DILIP B. BHOSALE, ACJ
_________________
S.V. BHATT, J
3rd August, 2015
Pnb
2 issues framed by the court
Whether a PIL filed by a Member of the Legislative Assembly seeking directions to issue appointment letters to selected Anganwadi workers is maintainable.
Whether the petitioner's role as a member of the Selection Committee affects the maintainability of the PIL for appointment of candidates in his constituency.
Mr. K. V. Ramana Murthy
The State of Andhra Pradesh
DILIP B. BHOSALE
S.V. BHATT
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
