Facts: The petitioner, initially appointed as an Anganwadi Sevika, was later elected as a Member of the Village Panchayat. A Government Resolution mandated that an Anganwadi Sevika elected to the Village Panchayat must resign from one of the posts. The petitioner's services as Anganwadi Sevika were terminated for failing to choose between the two positions. The petitioner contended that both posts were honorary and the Government Resolution violated her constitutional rights.
Procedural Posture: The petitioner challenged the termination order and the Government Resolution via a writ petition in the High Court, arguing that the resolution was arbitrary and unreasonable. The High Court was tasked with determining whether an Anganwadi Sevika holds an office of profit and whether the Government Resolution prohibiting simultaneous holding of both posts was valid.
Issue: 1. Does the position of Anganwadi Sevika constitute an 'office of profit'? 2. Is the Government Resolution mandating resignation from either the Anganwadi Sevika post or Village Panchayat membership upon election, arbitrary and unreasonable, thereby violating constitutional rights?
Holding: 1. An Anganwadi Sevika does not hold a civil post or an office of profit, and is free to contest elections. 2. The Government Resolution is not arbitrary or unreasonable, as it aims to ensure effective performance of duties under the Integrated Child Development Service Scheme. The termination order was quashed, subject to acceptance of the petitioner's resignation from the Village Panchayat.
Reasoning: The Court relied on the Supreme Court's decision in State of Karnataka and others Vs. Ameerbi and others [(2007) 11 SCC 681], which established that Anganwadi Sevikas do not hold civil posts. However, the Court emphasized that the Government Resolution doesn't prohibit contesting elections but requires choosing one post due to the demanding nature of both roles. The object of the Government Resolution is to ensure the effective implementation of the Integrated Child Development Service Scheme. The Court considered the petitioner's submission of resignation from the Village Panchayat and directed her reinstatement as Anganwadi Sevika, subject to the Village Panchayat accepting her resignation, without any arrears.