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.

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 concerned, by the order impugned set aside the appointment of the Petitioner on the ground that the vacancy had not been notified and therefore, the engagement of the Petitioner was in violation of the Government Guidelines.

3. Being aggrieved, the Petitioner has filed this writ petition with the following prayer:

“The Petitioner therefore, prays that the Hon’ble Court be pleased to admit this Writ Application and after hearing the Petitioner’s Advocate issue a writ in the nature of certiorari or any other suitable writ, set aside the order vide Annexure-5.”

4. Counter affidavit has been filed by the State- opposite parties. It is stated that the vacancy was created following the death of Gitanjali Jena on 28.6.2016 in respect of Danpur Anganwadi Centre consisting of Ward Nos.6 and 7. However, no advertisement was issued to fill up the said vacancy. Further, the Petitioner also does not belong to Ward Nos.6 and 7, which is the service area of said Anganwadi Centre. There is also no provision in the guidelines to give promotion to Anganwadi Helper as Anganwadi Worker. The guidelines only provide that Anganwadi Helpers may be given preference over other candidates while considering their candidatures only after the vacancies advertised. It is further stated that since the very ‘promotion’ of the Petitioner was in contravention of guidelines of the year 2007, the A.D.M., being the appellate authority rightly cancelled the same. Moreover, since the petitioner belongs to Ward No.8, which is under the service area of another Anganwadi Centre being Danpur ‘Ka’, could not have been selected as Anganwadi Worker of Danpur Anganwadi Centre. It is further stated that the private Opposite Parties were aspirants for the post of Anganwadi Worker, but as no advertisement was issued they could not apply for which, they filed appeal before the competent authority

5. A counter affidavit has also been jointly filed by the private opposite party Nos. 4 and 5 wherein the undisputed facts have been stated and the engagement of the petitioner as Anganwadi worker is sought to be portrayed as illegal for being in violation of the Government Guidelines. It is stated that Clauses 1 and 2 of the revised guidelines issued by the Government on 2.5.2007 provide that application for selection of Anganwadi workers shall be invited for each Anganwadi Centre wherein, women residing in the said area can only apply. In the instant case, no application was invited for Danpur Anganwadi Centre nor any notice was given for filling up of the post. This was in violation of the Government guidelines. As such the selection of the petitioner is not sustainable in the eye of law. Moreover, the petitioner is not a resident of Danpur Anganwadi Centre area which comprises of Ward Nos.6 and 7 whereas, she is