The validity of a resident certificate issued under superseded rules is maintained unless explicitly stated otherwise; thus, retrospective application of new rules is not permissible.

JUDGMENT :

SASHIKANTA MISHRA, J.

The Petitioner in the present writ petition calls in question the correctness of order dated 22.10.2022 passed by the Additional District Magistrate, Keonjhar in Anganwadi Appeal Case No. 02 of 2022.

2. Facts of the case are that pursuant to an advertisement issued on 28.07.2021 by the CDPO, Keonjhar for engagement of Anganwadi Workers of different Anganwadi Centers, the Petitioner submitted her application in respect of Dhanurjayapur Anganwadi Center. Six candidates in total had submitted applications, out of whom one remained absent during verification of documents. As such, the selection was confined to five candidates. According to the Petitioner, the present Opposite Party No.6, who was a candidate, was not eligible for consideration as she had submitted an invalid resident certificate being issued in the year 2015. Nevertheless, her candidature was considered and she was selected by the Selection Committee. The Petitioner came to know about the documents submitted by Opposite Party No.6 by obtaining information under the RTI Act. It was revealed that the Opposite Party No.6 had submitted another residential certificate on 15.10.2021, though she had already been engaged by then. The Petitioner initially approached this Court in W.P.(C) No.41803 of 2021 but the same was disposed of by order dated 04.02.2022 granting her liberty to prefer appeal before the appropriate forum. Accordingly, the Petitioner preferred the above mentioned appeal. The Appellate Authority, however, held that the candidature of present Opposite Party No.6 had been accepted by the Selection Committee, after dealing with all the objections received and no objection was received after declaration of the result. As such, the Appellate Authority was not inclined to interfere and the appeal was rejected.

3. Being aggrieved, the Petitioner has filed this writ petition with the following prayer:-

“It is, therefore, the petitioner prays that your Lordship may graciously be pleased to admit this application and call for the record and after hearing from the parties be pleased to quash the selection of opposite party No.6 in respect of Dhanurjayapur Aganwadi Center of Sadar Block of Keonjhar district by setting aside the order dated 25.10.2022 passed by the opposite party No.3.

And/or pass any other order(s), direction(s) as this Hon’ble Court may deems fit and proper.

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

4. Counter affidavit has been filed by Opposite Party Nos.3 and 5, inter alia, stating that though the resident certificate submitted by the Opposite Party No.6 was of the year 2015 but at the time of verification, she had submitted an undertaking to allow her to submit fresh resident certificate after obtaining the same from the competent authority and after receiving the same, she submitted it before the Selection Committee. Further, the in-charge Anganwadi Worker, Kandaraposi-2 and lady Supervisor, Kandaraposi submitted reports regarding residential status of all candidates, which indicated that Opposite Party No.6 belongs to Dhanurjayapur Anganwadi center. Therefore, her candidature was accepted for selection. It is further stated that Opposite Party No.6 secured the highest mark being 57.50% marks, while the Petitioner secured only 51.67%. Another candidate, namely, Mamata Majhi secured 56.17% marks. Therefore, the Petitioner being in the third position will not be eligible for selection even if the candidature of Opposite Party No. 6 is rejected.

5. The Petitioner has fil