IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Sasmita Biswal – Appellant
Versus
Collector, Puri – Respondent
| Table of Content |
|---|
| 1. appointment issues regarding anganwadi worker (Para 1 , 2 , 4 , 5 , 6) |
| 2. dispute on nativity and selection process (Para 7 , 8 , 9) |
| 3. local parochialism violates article 14 and 16(2) (Para 10) |
| 4. direction for appointment issued (Para 11 , 12) |
ORDER :
S.K.PANIGRAHI, J.
1. This matter is taken up through hybrid arrangement.
2. In this Writ Petition, the Petitioner assails the action of the Opposite Party Nos.2/Sub- Collector, Puri and 3/ Child Development Project Officer, Kakatpur in not appointing her as Aganwadi Worker for Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the district of Puri.
3. Heard learned counsel for the Parties.
4. The Opposite Party No.3 Child Development Project Officer, Kakatpur invited applications vide notice/ advertisement No.253 dated 31.12.2009 from the intending candidates for appointment of Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri as well as 69 other centres. In the said advertisement, last date for submission of application was fixed as 15.01.2010. Pursuant to the said advertisement, the Petitioner and two other candidates submitted their applications for being a
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
The court reinforced that administrative decisions regarding the appointment of Anganwadi Workers must be substantiated by clear evidence of residency, emphasizing the necessity for valid inquiries a....
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.
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.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
Residency at the time of application is the sole criterion for selection as Anganwadi Worker; marital status post-selection does not disqualify a candidate.
The main legal point established in the judgment is the significance of the survey report and resident certificate in determining the residency of a candidate for selection, emphasizing the normal re....
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