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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Swornalata Sarangi – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
The Petitioner has filed this Writ Petition seeking to challenge the order dated 19.12.2023 passed by the Addl. District Magistrate, Kendrapara, in Anganwadi Appeal No.2/2020 whereby, her appointment as Anganwadi Worker of Danpur Anganwadi Centre was set aside.
2. The brief facts of the case are that the Petitioner was initially appointed as Anganwadi Helper in Danpur Anganwadi Centre of Danpur Gram Panchayat under Derabis Block in the district of Kendrapara as per order dated 7.5.2001 of the C.D.P.O, Derabis. One Gitanjali Jena was also appointed as an Anganwadi Worker of the said Centre. Because of sudden death of said Gitanjali Jena on 26.8.2016 in a road accident, the post of Anganwadi Worker fell vacant. Under such circumstances the Petitioner, being the Anganwadi Helper of the Centre and possessing the requisite qualification was appointed as Anganwadi Worker against the vacancy as per order dated 21.3.2018. While she was working as such, the private opp.party Nos.4 and 5 filed an appeal before the A.D.M., being Anganwadi Appeal No.2/2020 challenging the appointment of the Petitioner in the said Anganwadi Centre. The A.D.M., after hearing all con
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.
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
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.
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 ....
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....
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
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....
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