Eligibility criteria for Anganwadi Helpers allows candidates from both covered villages, and complaints regarding selection must be based on substantive merits, not mere procedural discrepancies.

JUDGMENT :

SASHIKANTA MISHRA, J.

Both these writ applications involving common facts were heard together and are being disposed of by this common judgment.

Facts:

2. The CDPO, Ullunda in the district of Subarnapur published an advertisement on 31.05.2017 for engagement of helper in Badankaria Anganwadi Centre. In the Gram Sabha held on 06.06.2017, Lili Bastia (petitioner in W.P.(C). No. 25223 of 2019) was selected. She was issued with order of engagement by the CDPO on 07.06.2017 and joined thereafter. One Puspanjali Patra (Petitioner in W.P.(C). No. 26378 of 2019), who was also one of the applicants, objected to the selection of Lili Bastia by submitting a representation to the CDPO on 12.06.2017 mainly on the ground that Lili Bastia does not belong to Badankaria village but is a resident of Sarkaridadar village and as such, was not eligible for selection. Since no action was taken on her representation, Puspanjali Patra approached this Court in W.P.(C). No. 18452 of 2017. By order dated 30.10.2017, this Court, without entering into the merits of the claim disposed of the writ application granting liberty to the petitioner to submit a fresh representation before the Collector of the district with a further direction for disposal of the representation within four weeks. By order dated 25.11.2019, the Collector, Subarnapur, after hearing the parties and other Government functionaries held that the selection procedure was not acceptable as the proceeding is not in detail nor clear. As such the appointment of Anganwadi Helper was cancelled with direction to float a fresh advertisement following the prescribed guidelines. It was also directed that Lili Bastia was to continue as Anganwadi Helper till engagement of the new Anganwadi Helper. Both the writ petitioners are aggrieved by the above order of the Collector.

Case of Lili Bastia

3. It is claimed by Lili Bastia that she was selected in the village meeting wherein Puspanjali Patra was also present but she did not show any interest in spite of sufficient chance provided. Further, the petitioner satisfied all eligibility criteria and it is specifically averred that she is a resident of the Anganwadi Centre area in question. Both Badankaria and Sarkaridadar are covered under one Anganwadi centre and as such the petitioner was eligible. The Collector has not considered the matter in the proper perspective but purely on technical grounds cancelled the selection of the petitioner. On such facts, the petitioner Lili Bastia has filed the writ application with the following prayer:

“The petitioner therefore prays that | Your Lordship’s would graciously please to admit the writ petition, call for the records and after hearing both the parties quash/set aside the order dated 25.11.2019 passed by the Op.No.2 which is under Annexure-1 by. issuing writ/writs in the nature of Certiorari/Mandamus . in the interest of justice.

And further be please to re-engage the petitioner as an anganwadi helper for the Badaankaria Anganwadi Centre in the greater interest of justice.

And further pass any order/orders as this Hon’ble court may deem fit and proper.

And for this act of kindness the petitioner is In duty bound shall ever pray.”

4. In the counter affidavit filed by the CDPO, Ullunda, it is stated that the relevant guidelines dated 24.11.1997 and 29.04.2010 regarding appointment of Anganwadi Helper were duly followed. Puspanjali Patra refused to function as Anganwadi helper nor her signature was available in the proceeding register, which creates doubt regarding her presence at the meet