The selection of candidates must adhere strictly to outlined guidelines, particularly regarding cut-off dates, and merit must be considered when appointing from remaining candidates.

JUDGMENT :

SASHIKANTA MISHRA, J.

1. The petitioner calls in question the correctness of order dated 27.09.2022 passed by the Additional District Magistrate (ADM), Kalahandi in Anganwadi Misc. Case No.1 of 2021 whereby the selection of the petitioner as Anganwadi Worker of Bandhapada Anganwadi Center was quashed and the Opposite Party No.4 was directed to be engaged.

2. The facts, briefly stated, are that, an advertisement was issued by the CDPO, Kalampur on 05.07.2021 inviting applications for engagement of Anganwadi Worker of Bandhapada Anganwadi Center. The petitioner and fifteen other persons submitted their applications. In the selection process that followed, the petitioner was found to have secured the highest marks being 80.33% among all the candidates while Opposite Party No.4 secured 64.66%. As such, the petitioner was selected and engagement order was issued in her favour on 07.08.2021. The petitioner joined as Anganwadi Worker and started discharging her duties satisfactorily.

3. While the matter stood thus, the Opposite Party No.4 preferred the above mentioned appeal challenging the selection of the petitioner on the ground of late submission of residence certificate by her and that she is not a resident of the Anganwadi Center service area. Said appeal was ultimately allowed by the ADM by the impugned order, holding that the petitioner had submitted residence certificate after the cut-off date, i.e. 20.07.2021 and acceptance of such certificate by the selection committee is in violation of the guidelines dated 02.05.2007 of the Government. As already stated, the selection of the petitioner was quashed and the selection committee was directed to appoint the Opposite Party No.4 as Anganwadi Worker of the center in question. Being aggrieved, the petitioner has filed the writ application with the following prayer:-

“Under such circumstances the petitioner therefore pray that this Hon’ble Court may kindly be pleased to admit the writ application issue Rule Nisi calling upon the Opposite Parties more especially Opposite Party No.2 and 3 to show cause as to why the illegal order dated 27.09.2022 passed Anganwadi Misc. Appeal Case No.1 of 2021 as per Annexure No.2 thereby disengaging the petitioner and to engage Opposite party No.4 in the post of Anganwadi Worker of Bandhapada Anganwadi Center shall not be declared as illegal, arbitrary, and thereby quashed.

And upon showing no cause or insufficient cause the rule be made absolute by allowing the writ application with a subsequent direction to the Opposite Parties more especially Opposite Party Nos. 2 and 3 to issue engagement order in favour of the petitioner in the post of Anganwadi Worker of Bandhapada Anganwadi center with all consequential service and financial benefit.

And for which act of kindness the petitioner as in duty bound shall ever pray.”

4. Preliminary counter affidavit has been filed by the CDPO, Kalampur. It is stated that sixteen candidates had applied pursuant to the advertisement including the petitioner and Opposite Party No.4. The original documents of all the candidates were verified by the selection committee on 22.07.2021. At that time, it was found that the petitioner had applied by submitting residence certificate of village Gharla issued in the year 2016. When asked about this, she informed the selection committee that she was residing in village Gharla during the year 2016 but from 2018 onwards, she is residing in village Deypur. The earlier residence certificate had been submitted in ignorance of the guidelines. Nevertheless, the petitioner produced the recent residence certificate showing her a resident of villa