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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Fulamani Munda – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Sashikanta Mishra, J.
The Petitioner is aggrieved by order dated 18.4.2023 passed by the Additional District Magistrate (ADM), Keonjhar (Opp.Party No.3), in Anganwadi Appeal Case No.3/2022 dismissing the said appeal filed by her.
2. The facts of the case, briefly stated, are that an advertisement was issued on 16.3.2022 by the CDPO, Champua (Opp.Party No.5) for engagement of Anganwadi Worker of different Anganwadi Centres including Barpada Mini Anganwadi Centre. The Petitioner and three other persons applied pursuant to such advertisement. Two candidates, including the Petitioner, belong to S.T. category while one belonged to OBC category. Opp.Party No.6, who was selected belongs to S.C. category. The Petitioner’s grievance is that it being specifically mentioned in the advertisement that S.T. candidates would be given preference, the selection committee wrongly engaged Opp. Party No.6 as Anganwadi Worker on 17.6.2022. However, prior to that, the Petitioner apprehending such irregularity, had submitted a representation addressed to the Collector, Keonjhar (Opp. Party No.2), but the same was not considered. The Petitioner therefore, approached this Court in W.P.(C) No.1565/2
In Tribal Sub-plan areas, ST candidates must be prioritized for Anganwadi Worker positions; any deviation constitutes a breach of guidelines.
The court determined that an advertisement's qualification criteria were valid as per guidelines, and the rejection of an eligible applicant was unjustified, emphasizing adherence to legal standards ....
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
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.
Procedural violations in the selection of Anganwadi Workers necessitate the conclusion of interrupted selection processes rather than issuing new advertisements, ensuring compliance with fair practic....
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
Candidates cannot challenge a selection process after participating in it, as established by previous court decisions.
The eligibility criteria for Anganwadi Workers does not require passing a specific subject, only the ability to read and write Odia, which the petitioner fulfilled despite the conflicting certificati....
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