Excelsior Correspondent
Srinagar, Mar 26 : Observing that the engagement of Anganwadi Workers (AWs) are made under a special scheme for Below Poverty Line (BPL) category and the reservation rules cannot be made applicable for this post, High Court has refused the plea of handicapped candidate seeking representation to the handicapped category for engagement of post in question.
Justice Sanjay Dhar dismissed the plea of one Tahira Bano seeking a direction upon Social Welfare Department to adhere to the policy of reservation as laid down in the Jammu and Kashmir Reservation Rules and give representation to the handicapped category in the process of engagement of Anganwadi Workers with a consequent direction that she may be offered engagement as an Anganwadi Worker out of the posts to be filled up in the third phase of selection under the handicapped category.
Justice Dhar held that the engagement of Anganwadi Workers is made under a special scheme governed by distinct norms whereby preference has been given to the candidates belonging to BPL category, widow, orphan and candidates from poorest of poor in the revenue village for engagement of Anganwadi Workers.
Court said, this is a special scheme providing for distinct norms and criteria for engagement of Anganwadi Workers/Helpers and the Reservation Rules and the Reservation Act cannot be made applicable to engagement made under the scheme.
The case of the petitioner-Bano before the court was that she is a person belonging to handicapped category with 50% permanent disability and had applied for her engagement as an Anganwadi Worker in pursuance of advertisement notice in 2010.
She submits that she is an orthopedically handicapped person to the extent of 50%, as such had sought her engagement as an Anganwadi Worker under the handicapped category for which reservation to the extent of 3% has been provided under the Reservation Rules but she was denied engagement by the respondents.
Court said the Government order of 2008 provide that no qualification bar shall apply in case of areas with predominant population of reserved categories as such in an area where there is a predominant population of reserved categories, the engagement of Anganwadi Workers has to be made on the basis of a relaxed standard and the qualification would not be a bar for a candidate belonging to reserved category but the norms do not provide for any relaxation in merit even for reserved category candidates.
With regard to the case of petitioner-Bano court said, there is nothing on record to show that the Anganwadi Centre regarding which she had applied is located in an area where the predominant population is of reserved categories.
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