Gujarat High Court Sets Aside Order Directing State To Appoint Woman With 70% Permanent Disability As Anganwadi Worker

After examining the duties and responsibilities of the Anganwadi worker provided in a government resolution, the Gujarat High Court recently set aside a single judge's order which had directed the state to appoint a woman with 70% permanent disability as an anganwadi worker.The court said this after noting that the role necessitates the physical capability to perform tasks which involves taking care of infants, children and mother.A division bench of Justice AS Supehia and Justice Gita Gopi after the re-examination of medical fitness certificate of the woman observed, “Thus, after examination of the various duties and responsibilities involving wellbeing of infants/children and their mothers, we are of the opinion that, since the respondent no.4 is suffering from more than 40% of benchmark disability, as defined in sub-section 2(r) of The Right of Persons with Disabilities Act, 2016, it would not have been feasible for her to discharge them efficiently”. The court observed that the responsibilities of the anganwadi worker as mentioned in the 2019 government resolution includes– visiting and examining health and nourishment of the children, who are below three years of age; For children between 3-6 years she has to see that they are given proper meals in the morning and noon, and they attend pre-school also. "For physically challenged children, an Aganwadi worker has to refer them to medical screening. She also has to undertake the exercise of bringing and sending the children from home to school. She is also required to carry the infants for regular examination of their weight, and in case it is found that the child is weak and is having low weight and suffering from medical complications, then she has to refer them to CMT/NRC. After such children are admitted in CHC/NRC for rehabilitation, she has to take follow-up every 15 days for 4 times. Her duties also involve interacting with the mother of such children and to see that they are properly breast fed. The care of mothers before and post-delivery, vaccination of child etc. is also required to be monitored. The duties also involve to contact public by homely visit and organize meetings for effective implementation of scheme," the bench noted. The court was hearing an appeal by the Program Officer, ICDS (Integrated Child Development Services) and Bal Vikas Yojna Adhikari challenging the single judge's order which had allowed respondent no. 4's petition against the rejection of her appointment as Anganwadi worker by the appellants as she was found unfit for duty due to her permanent disability. The respondent no. 4 had applied for the post following an advertisement and was selected. However, upon the document verification, since it was found that she was suffering from 70% permanent disability, she was not offered appointment. The Single Judge had however allowed her appointment relying on the medical certificate issued by the community Health Centre produced by the woman at the time of document verification in August 2022. The Counsel appearing for the appellant-authority pointed out the job requirements/duties which are required to be undertaken by the Anganwadi worker as per Government Resolution and further stated that the respondent no. 4 won't be able to carry out the sensitive duties of the Anganwadi worker involving infants and minor children.The Counsel appearing for the respondent no. 4 urged that the order of the Single Judge may not be set aside and the respondent no. 4 is fit to carry out her duties as Anganwadi worker. Further, she argued that the appellants have no power to examine the physical fitness and they are only concerned with the medical certificate only.The Court then noted that the Government Resolution that governs the appointment of the Anganwadi workers requires selected candidates to submit a Medical Fitness Certificate within two months of joining. The order notes that the medical fitness certificate dated December 19, 2024 issued by Medical Officer, PHC Zolapur stated that respondent no. 4 has "70% permanent locomotor disability" but is “otherwise physically fit.”The bench thereafter said that the Single Judge had "erred" by observing that the appellant authorities were not required to examine the issue of medical fitness further, and they were only required to arrive at a conclusion that the medical certificate was adequate or not.The bench said that the document which was projected by the respondent no.4 is "only her medical examination" and it cannot be termed as “Medical Fitness Certificate”. It thus said, “On coming to know that the respondent no.4 was having 70% locomotor disability, the appellants, had the authority to examine the suitability of the respondent no.4 regarding performing her duties which are very sensitive in nature.”The Court then allowed the appeal on merits and quashed and set aside the judgement of the Single Judge. Case Title: Program Officer, ICDS & Anr. vs State of GujaratCase Citation:...

Gujarat High Court Sets Aside Order Directing State To Appoint Woman With 70% Permanent Disability As Anganwadi Worker

Lovina B Thakkar

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