Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Lili Bastia – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2) |
| 2. claims made by lili bastia and objections by puspanjali patra (Para 3 , 5) |
| 3. counterarguments presented by parties (Para 4 , 6) |
| 4. submissions and arguments from counsels (Para 8 , 9 , 10) |
| 5. interpretation of selection guidelines (Para 11 , 12 , 13) |
| 6. court's observations on the collector's decision (Para 14 , 15) |
| 7. final decision and order of the court (Para 16 , 17) |
JUDGMENT :
Both these writ applications involving common facts were heard together and are being disposed of by this common judgment.
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
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.
Candidates cannot challenge a selection process after participating in it, as established by previous court decisions.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
Guidelines for selection of Anganwadi Workers mandate that only Scheduled Tribe candidates from the designated area are eligible, superseding conflicting advertisements.
Principles of natural justice demand that before arriving at any decision which has serious implications and consequences to any person, such person must be heard in his or her defence.
The main legal point established in the judgment is the significance of the survey report and resident certificate in determining the residency of a candidate for selection, emphasizing the normal re....
The court confirmed that cancellation of a selection process negates its subsistence, with current guidelines directing recruitment and an option for relaxation of norms considered due to prolonged l....
The court ruled that residency status is critical for eligibility as Anganwadi workers, reaffirming administrative decisions based on statutory qualifications must adhere to principles of fairness.
The main legal point established in the judgment is that a mistake in recording the name of a selected candidate, if unintentional and subsequently rectified, does not invalidate the engagement order....
The court emphasized that adherence to specific geographic eligibility criteria is essential for engagement under government schemes, and errors in defining service areas can invalidate selections.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
