Non-submission of a specific educational document does not invalidate selection if the candidate provides sufficient proof of required qualifications, emphasizing a non-technical approach to recruitment compliance.

JUDGMENT :

SASHIKANTA MISHRA, J.

1. The petitioner in the present writ application assails the order dated 04.06.2025 passed by the Additional District Magistrate (ADM), Subarnapur in Anganwadi Helper Second Appeal No.1 of 2025, whereby the order passed by the Sub-Collector, Birmaharajpur in Anganwadi Helper Appeal No.3 of 2024 was set aside.

2. The facts of the case, briefly stated are that pursuant to an advertisement executed by the CDPO on 23.07.2024 inviting applications for engagement as Anganwadi Helpers in different Anganwadi Centers including Kumursingha Mini Anganwadi Center, the petitioner was one of the four candidates including Opposite Party No.6. In the selection process that followed, it was found that the Opposite Party No.6, despite not having produced her pass certificate of Diploma in Civil Engineering was selected for engagement. The petitioner had raised objection pointing out the non-submission of Diploma Engineering Certificate by Opposite Party No.6 but the same was not considered by the Selection Committee. Opposite Party No.6 was engaged by order dated 30.08.2024.

3. The petitioner therefore, filed a writ application before this Court being W.P.(C) No.22751 of 2024, which was disposed of by order dated 12.09.2024 directing her to prefer an appeal. Accordingly, the petitioner filed Anganwadi Helper Appeal No.3 of 2024 before the Sub- Collector, Birmaharajpur. After hearing all concerned, the Sub-Collector vide order dated 20.12.2024, held that the selected candidate had not uploaded her Diploma Certificate in Civil Engineering, equivalent to 12^th standard at the time of application and also not before the Selection Committee. It was therefore, held that her selection was in violation of clause-5 of the advertisement. Accordingly, the engagement of Opposite Party No.6 was set aside and the petitioner being the next meritorious candidate was directed to be engaged.

4. The Opposite Party No.6, being aggrieved preferred second appeal before the ADM. After hearing both sides and on consideration of the relevant clauses of the advertisement as well as the revised guidelines dated 15.03.2023, the ADM found that the selected candidate had uploaded the divisional marksheet issued by the State Counsel For Technical Education And Vocational Training (SCTE & VT) wherein, it was mentioned that she was a student of Dhabaleswar Institute of Polytechnic, Athagarh in the Civil Engineering stream. Basing on the marksheet, the CDPO, Birmaharajpur had prepared the comparative statement and selected her. The ADM further held that the marksheet proved the educational qualification of the appellant to be of 12^th standard, which was uploaded along with the application and that she had secured the highest points among the contenders. As such, by order dated 04.06.2025, the appeal was allowed by setting aside the order passed by the Sub-Collector.

5. Being aggrieved, the petitioner has preferred the present writ application with the following prayer:-

“Under the above stated facts and circumstances, it is therefore prayed that this Hon’ble Court may graciously be pleased to admit this writ petition:

(i) Issue Rule NISI calling upon the opposite parties to show cause as to why the impugned order dated 04.06.2025 passed by the ADM, Subarnapur in AWH Second Appeal No.1 of 2025 under Annexure-10 should not be quashed and;

(ii) If the opposite parties fail to show cause or show insufficient cause, the said rule may be made absolute by issuing a writ in the nature of certiorari or any other appropriate writ quashing the impugned order dated 04.06.2025 under Annexure-10 and validating the engagement of the petitio