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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Umakanti Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's application and claim of residency. (Para 1 , 2) |
| 2. counterarguments regarding the residency certificate. (Para 3 , 4) |
| 3. arguments presented by petitioner and respondent. (Para 5 , 6 , 7) |
| 4. court's examination of residency requirements. (Para 8 , 9) |
| 5. court's final ruling and orders. (Para 10 , 11) |
JUDGMENT :
1. The petitioner has filed this writ application with the following prayer:-
And/or pass such other order/orders so as to give complete relief to the petitioner. And for this act of kindness, the petitioner as in duty bound shall ever pray.”
The Sub-Collector caused an enquiry with regard to the resident status of the candidates but instead of finalizing the same, took decision to cancel the notification and issue a fresh notification. The fresh notification was accordingly issued on 23.09.2024, which is impugned. On such facts, the petitioner has filed the present writ application with the prayer as quoted above.
Therefore, in order to avoid any ambiguity, the selection committee in its meeting held on 31.08.2024, decided to cancel the old notification and to issue fresh advertisement with due process of law.
5. Heard Mr. B. Satapathy, learned counse
The court held that procedural delays regarding resident certificates should not preclude merit-based selections for Anganwadi Workers, emphasizing the need to prioritize substantial residency claims....
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
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.
The validity of a resident certificate issued under superseded rules is maintained unless explicitly stated otherwise; thus, retrospective application of new rules is not permissible.
Cut-off dates in employment advertisements cannot be unilaterally extended; adherence to stipulated timelines ensures fairness in selection processes.
The cut-off date for residence certificate submission cannot be extended by the selection committee, and selections based on invalid documents are subject to judicial review.
The court established that the selection committee's rejection of a candidate based on the age of a resident certificate was erroneous, as there was no legal basis for such a requirement in the appli....
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
The court emphasized the right to livelihood under Article 21, affirming that administrative decisions must consider valid evidence and cannot disregard established facts that support eligibility.
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