The mark secured in the matriculation examination is the primary consideration for the selection of Anganwadi workers, and the submission of mark-sheets must conform to the stipulations of the advertisement.

JUDGMENT :

V. Narasingh, J.

1. The lis relates to selection of Anganwadi Worker of Chhandamunda Anganwadi Centre. The petitioner and the Opposite Party No.5 were applicants to be engaged as Anganwadi workers of the Centre in question. The selection committee after due scrutiny found the petitioner to be eligible and accordingly she was engaged as such.

2. During her incumbency as Anganwadi Worker Chhandamunda Anganwadi Centre, assailing her appointment the Opposite Party No.5 preferred an appeal before the statutory Appellate Authority that is A.D.M. Jajpur by filing A.W.W. Misc. (Appeal) No.05 of 2018. The appellate Authority by order dated 13.02.2019 after giving all concerned opportunity of hearing set aside the selection of the petitioner and directed the Administrative Authority that is C.D.P.O. Binjharpur to take appropriate steps to “engage the appropriate candidate observing all formalities”. Consequent upon the same the petitioner was disengaged and the Opposite Party No.5 was engaged as such.

Assailing such order of the Appellate Authority dated 13.02.2019 at Annexure-7 the present Writ Petition has been filed.

3. Learned counsel for the petitioner Mr. Ojha submits that the appellate Authority has committed manifest error in failing to note the that admittedly no mark-sheet was submitted by the Opposite Party No-5 in terms of the advertisement. It is also further contended that the mark-sheet submitted by the said Opposite Party at the stage of verification is at variance with the mark-sheet originally submitted.

4. Hence, it is stated that the Appellate Authority has committed material irregularity in allowing the appeal and thereby it is submitted that petitioner right for consideration has been violated infringing his right guaranteed under Article 14 and 16(1) of the Constitution and undue advantage has been given to the Opposite Party No.5 in patent violation of the guidelines.

5. Learned counsel for the Opposite Party No.5 on the basis of his recitals in the counter affidavit states that there has been no material omission as canvassed by the counsel by the petitioner in as much as admittedly he has submitted the mark-sheet issued by the Headmaster of her school and along with the H.S.C certificate and at the time of verification the mark-sheet issued by the Board has been submitted and as such the Selection Committee ought to have taken such mark-sheet into consideration. More so admittedly, when there is no variance in the marks and the petitioner being more meritorious deserves to be engaged as AWW in preference to the petitioner and as such there is no illegality in the Appellate order warranting interference by this Court.

6. The State Authorities have filed two counter affidavits one by Opposite Party Nos.3 and 4 and the other by Opposite Party No.2, the appellate authority.

7. The counsel for the Parties to substantiate their submissions have relied on the several judgments.

8. Learned counsel for the petitioner Mr. Ojha has relied on the judgment of the Apex Court in the case Union of India and Another Vs. Sarwan Ram and Another dated 08.10.2014 SLP No.706 of 2014 and the decision of this Court dated 20.03.2019 in W.P.(C) No.6355 of 2019.

9. It is stated at the bar that the order of the Hon’ble Single Judge in W.P.(C) No.6355 of 2019 was affirmed Writ Appeal.

10. To decide the lis, it is necessary to refer to the advertisement dated 27.06.2017 which is at Annexure-1. There is a stipulation in the advertisement as to the documents which are required to be enclosed to the application form. The same has been stated in Odisa and is reproduced in Vernacular.

xxxxx

“Matric pass Pramana Patra and number talika.”

x x x x x

English Translation:

Matriculation certificate and mark list.

11. The revised guidelines on the basis of which the candidature for engagement of AWW is being considered specifically refer to the marks secured in matriculation since it is the minimum educational qualification prescribed. Paragraph 3 of the rev