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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 :
1. This matter is taken up through hybrid arrangement.
3. Heard learned counsel for the Parties.
5. Having such doubt, the Tahasildar, Kakatpur was asked to cause an inquiry with regard to the nativity of the Petitioner. In turn, the Tahasildar, Kakatpur directed the Revenue Inspector, Kakatpur to submit a report after causing field inquiry. The Revenue Inspector, Kakatpur conducted field inquiry and recorded the statements of local residents of Ward No.5 with regard to the nativity of the Petitioner and submitted his report before the Tahasildar, Kakatpur indicating therein that the Petitioner is a person of the locality i.e. Ward No.5, against which the appointment was sought for vide his report dated 12.05.2012.
7. Learned counsel for the Petitioner submits that the Opposite Party No.3 / Child Development Project Officer, Kakatpur is acting neither on the report submitted with regard to nativity of the Petitioner nor o
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....
Eligibility criteria for government positions must be met, and discrepancies in application and residency status can result in the cancellation of appointments.
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....
Candidates cannot challenge a selection process after participating in it, as established by previous court decisions.
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