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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Anandini Hati – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the selection process. (Para 1) |
| 2. arguments concerning the legitimacy of marks awarded. (Para 2 , 3 , 5 , 6 , 8 , 12) |
| 3. court's analysis of selection criteria and legality of the decision. (Para 4 , 9 , 10 , 11 , 13) |
| 4. conclusion authorizing the petitioner’s appointment. (Para 14) |
JUDGMENT :
1. An advertisement was published on 15.04.2023 by the Secretary of Swayangprabha Block Level Federation, Kantamal inviting applications for selection of Community Resource Person- Community Mobilizer (CRP- CM) for different Gram Panchayats under Kantamal Panchayat Samiti including Jalapali Gram Panchayt. The petitioner and opposite party No.6 applied for the said Gram Panchayat. The petitioner claims to have submitted all required documents along with her application. A mark list was prepared by the selection committee on 22.05.2023, wherein the petitioner was treated to have secured 10 marks, whereas the opposite party No.6, 7 marks. The petitioner therefore, remained under the bonafide impression that she would be engaged in the post but when she did not receive any intimation to this end, she enquired and found that opposite party No.6 had been appoint
The selection committee must strictly adhere to the prescribed eligibility criteria, and cannot alter marks without valid justification, maintaining fairness in the appointment process.
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
The mark secured in the matriculation examination is the primary consideration for the selection of Anganwadi workers, and the submission of mark-sheets must conform to the stipulations of the advert....
In Tribal Sub-plan areas, ST candidates must be prioritized for Anganwadi Worker positions; any deviation constitutes a breach of guidelines.
The main legal point established in the judgment is the importance of adhering to the rules existing at the commencement of the selection process and the limitations of judicial review in interfering....
The selection committee's discretion in assessing candidates based on Annual Confidential Reports and service particulars is valid, and the writ court's role is to ensure lawful decision-making.
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