Procedural violations in the selection of Anganwadi Workers necessitate the conclusion of interrupted selection processes rather than issuing new advertisements, ensuring compliance with fair practice guidelines.

JUDGMENT :

SASHIKANTA MISHRA, J.

1.The petitioner in this writ application seeks to challenge the advertisement dated 05.07.2024 issued by the CDPO, Korei Block in the district of Jajpur for engagement of Anganwadi Worker of Muslimsahi Anganwadi Centre in Goleipur Village.

2. The facts lie in a narrow compass:

Originally, an advertisement was issued by the CDPO, Korei on 12.05.2017 for engagement of Anganwadi Workers in 10 Anganwadi Centres including Muslimsahi Anganwadi Centre of Kelagadia in Goleipur village. Four candidates including the present petitioner and Opposite Party No.6 applied pursuant to the said advertisement. The selection committee fixed 07.06.2017 as the date of scrutiny of applications and verification of original documents. On the scheduled date however, the scrutiny and verification could not be done and was rescheduled to 09.06.2017. Said rescheduling was done without notice to the candidates. It came to light subsequently that Opposite Party No.6 had been selected as Anganwadi Worker of the centre. Said selection was challenged by the petitioner before this Court in W.P.(C). No. 21137 of 2017, which was disposed of by order dated 09.10.2017 granting liberty to the petitioner to prefer appeal before the appellate authority. Accordingly, the petitioner preferred AWW Misc. appeal Case No. 7 of 2017 before the Additional District Magistrate (ADM), Jajpur.

The appellate authority, after hearing the parties and upon consideration of the documents and materials on record was satisfied that the selection committee had not followed due procedure of law inasmuch as the rescheduling of the date of scrutiny and verification was done without notice to the other candidates. The appeal was thus allowed by cancelling the selection of Opposite Party No.6 with a direction for fresh selection of Anganwadi Worker. The present Opposite Party No.6 challenged the aforesaid order of the appellate authority before this Court in W.P.(C). No. 6704 of 2018. By judgment dated 08.02.2024, a coordinate Bench of this Court, being satisfied that the date of deferment of scrutiny of applications had not been published, held that the entire process of selection is vitiated as other candidates did not have a chance to apply. As such, the order of the appellate authority was not interfered with. The CDPO thereafter published a fresh advertisement on 05.07.2024 for engagement of Anganwadi Workers of 3 Anganwadi Centres including Muslimsahi Anganwadi Centre. Being aggrieved, the petitioner has filed this writ application with the following prayer:

“It is, therefore, prayed that, Your Lordships would graciously be pleased to admit this writ application, call upon the Opp.parties to show cause or showing insufficient cause, may. further be pleased to quash the Advertisement No.464 dated 05.07.2024 vide Annexure 3 issued by the opposite party No.5 and this Hon’ble Court may further be pleased direct the Opp.party No.5 to conduct onward action of verification of document and testimonials of the candidates applied for the post of A.W. of Goleipur Muslimsahi A.W. Centre and appoint the successful candidate.

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

It is contended that the selection of Opposite Party No.6 being cancelled as per order passed by the appellate authority in appeal and the direction to go for fresh selection implies that the selection process already undertaken should have been revived and taken to its logical end instead of going fo