The court established that the service law applicable to civil servants does not apply to the selection of Anganwadi Workers, and that the eligibility criteria can be changed provided there is sufficient reason for the same.

JUDGMENT

S.K. Mishra, J. In this writ application, the petitioner has assailed the selection of opposite party no.6 as Anganwadi Worker of Bishunpur Anganwadi Center under Pattamundai I.C.D.S. Projects in the district of Kendrapara.

2. The case of the petitioner, in short, is that the I.C.D.S. Projects are under the Panchayati Raj Department and the said Department published a Government Order on 8.6.1992 bearing No.5642 for selection, engagement and training of Anganwadi Workers. In that Government Order, it has been stipulated that the Anganwadi Worker should be in the age group of 18 to 44 years and permanent inhabitant of the concerned village, where the center is established. The qualification for the said post is H.S.C. and for rural areas the minimum qualification was stipulated as Class-VIII pass. The selection was to be made on the basis of two examinations, i.e. written examination and viva-voce test.

3. For selection of Anganwadi Worker, the Child Development Project Officer, Pottamundai I.C.D.S. Project, Pattamundai, Kendrapara, opposite party no.5, invited applications from the intending candidates to take part therein prescribing the minimum qualification as Class-VIII pass. The petitioner having passed H.S.C. examination in the year 1992 made an application in the prescribed form for the post of Anganwadi Worker in the aforesaid centre. Her application was scrutinized by the authority and after finding the same to be correct in all respects received on 31.7.1999.

4. When matters stood thus, the Government vide G.O. No.8184 dated 7.10.1998 prescribed fresh guidelines for selection of Anganwadi Worker. In the said guidelines, it has been prescribed that the applicant should be a female candidate in the age group of 21 to 40 years and she should have attained the age of 21 years but not 41 years on the first day of the year in which the application has been invited. The minimum qualification was stipulated to be H.S.C. On the basis of the said modified order, no application was invited for Bishunpur Anganwadi Centre, but the petitioner did not receive any call letter to appear in the examination/test. On enquiry she could know that her application has not been considered on the ground that she has not attained the age of 21 years as on 1.1.1999 and, therefore, she was not called for. The petitioner, therefore, submits that rejection of her application on the changed guideline is illegal and she should have been given a chance to appear in the examination and, therefore, she prayed that the selection of opposite party no.6 should be declared invalid and she may be given an opportunity to appear in the examination.

5. In the counter affidavit, opposite party nos.3 to 5 claimed that on 7.10.1998 the Government of Orissa, Women and Child Development Department, published fresh guidelines for selection of Anganwadi Worker in suppressing all the previous guidelines. In this regard, it has been stipulated that a female candidate in the age group of 21 to 40 years shall be eligible for the said post. Therefore, as per the revised guidelines the petitioner shall not be eligible for the post of Anganwadi Worker. It is further claimed that the petitioner was less than 21 years at the relevant time. It is further pleaded by the opp. party nos.3 to 5 that in pursuant to the aforesaid guide lines, opposite party no.5 issued a notification dated 30.12,1998 indicating therein that candidates in the age group between 21 to 40 years are to be eligible to be considered for the post of Anganwadi Worker. Therefore, it is contended that the writ application is devoid of any merit and the same be dismissed.

6. Learned counsel for the petitioner, in course of argument, has relied upon several reported cases and contended that once an advertisement has been made as per the existing guidelines, the same cannot be changed by the authorities in view of the fresh guidelines issued by the Government.

7. Learned counsel appearing for the State, o