Introduction:
In a significant judgment, the Allahabad High Court has clarified that for the appointment to the post of Anganwadi Karyakatri (Anganwadi Worker), the merit list should be prepared based solely on the minimum educational qualifications, namely High School and Intermediate examinations. The possession of graduate or post-graduate degrees is deemed irrelevant in this context.
Case Background:
The petitioner, Smt. Chandani Pandey applied for the position of Anganwadi Karyakarta. Her application was rejected because she was unable to upload her post-graduation degree due to a technical glitch. She approached the High Court, challenging the rejection of her candidature on these grounds.
Petitioner’s Argument:
The petitioner contended that the rejection of her application was unjust, as the merit list should be prepared based on the minimum required qualifications. She argued that her inability to upload her post-graduation degree should not have adversely affected her candidature.
Respondents’ Argument:
The respondents relied on Clause 7 of the Government Order dated 21.03.2023, which states that the merit list for the posts of Anganwadi Karyakarta and Anganwadi Sahayika will be prepared based on minimum qualifications or equivalent qualifications and also the maximum academic qualification of Post Graduation. They argued that higher academic qualifications should be considered in the preparation of the merit list.
Court’s Observations:
Justice Ajit Kumar examined the provisions of the Government Order and observed that while Clause 7 mentions the consideration of post-graduate qualifications, there is no provision declaring them as preferential, nor are additional marks allotted for higher qualifications. The Court emphasized that the merit list should be prepared strictly based on the minimum prescribed qualifications.
Judgment:
The Court held that the provision of preparing the merit list based on post-graduate degrees is directory and not mandatory. It directed the respondents to prepare the merit list strictly by the minimum qualifications prescribed, allotting marks based on High School and Intermediate qualifications, and not based on Graduation or Post-Graduation degrees. Consequently, the Court ruled that the petitioner’s candidature could not be rejected merely because she failed to submit her post-graduation degree, and she could not be placed below a candidate who had submitted such a degree. The petitioner’s merit was to be decided based on her performance as Anganwadi Sahayika and her High School and Intermediate marks.