The court confirmed that cancellation of a selection process negates its subsistence, with current guidelines directing recruitment and an option for relaxation of norms considered due to prolonged litigation affecting a candidate's employability.

JUDGMENT :

SASHIKANTA MISHRA, J.

The Petitioner has approached this Court with the following prayer:-

“Therefore, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to admit this writ application, call for the records, issue Rule NISI calling upon the opp. Parties to show cause-

(i) As to why the order dated 28.03.2011 passed by the Collector, Mayurbhanj and notification in respect of Baria-II Anganwadi Centre dt. 16.04.2013 under Annexures- 7 & 8 respectively shall not be quashed.

(ii) As to why the opp. Parties shall not be directed to complete the selection process held in the year 1999.

And if the opp. Parties fail to show cause and showing insufficient cause the said Rule Nisi be made absolute and direct the opp. Parties to engage the petitioner as Anganwadi Worker of Baria-II Anganwadi Center.

And further be pleased to pass such other order(s)/writ(s) as this Hon’ble Court deems just and proper in the facts and circumstances of the case.

And for this act of kindness the petitioner as in duty bound shall every pray.”

2. An advertisement was issued by the C.D.P.O., Jashipur on 05.03.1999 for engagement of Anganwadi workers of different Anganwadi centers including Baria-II Anganwadi center. The petitioner was one of the applicants. She was asked to attend interview on 16.06.1999. At that stage, one Jatrimani Mahanta approached this Court challenging the selection process in OJC No.7198 of 1999. This Court passed an interim order on 22.06.1999 permitting the selection process to continue but with direction that no final decision shall be taken without leave of the Court. On 11.10.2008 said Jatrimani Mahanta died. By order dated 24.09.2008, this Court disposed of the writ petition filed by her canceling the selection process and directing commencement of fresh selection process. Having come to learn of the developments as above, the petitioner approached this Court in W.P.(C) No.10476 of 2009. This Court, by order dated 25.07.2009 disposed of the writ petition directing, the Collector, Mayurbhanj to complete the selection process within three months. The Collector passed necessary order on 03.08.2009 directing the C.D.P.O., Jashipur to do the needful. But the C.D.P.O. invited fresh applications vide notice dated 01.09.2009 only from candidates belonging to SC/ST category. The petitioner therefore again approached this Court in W.P.(C) No. 14081 of 2009, which was dismissed by order dated 26.10.2009 taking note of the stand taken by the State- Opposite Parties that selection process had been completed and as the petitioner is a General Caste candidate her candidature cannot be considered for the center, which is coming under the scheduled area. The petitioner again approached the Collector as the post was not filled up. Since no action was taken, the petitioner approached this Court yet again in WP.(C) No.19096 of 2010, which was disposed of on 23.12.2010 by directing the Collector, Mayurbhanj to dispose of the representation within 45 days. Pursuant to such order, the Collector, by order dated 07.03.2011 disposed of the representation by passing a reasoned order. On 10.05.2013, the C.D.P.O., Jashipur again invited a fresh application. Being thus aggrieved, the petitioner has approached this Court in the present writ application.

3. Counter affidavit has been filed by the State-opposite parties (Opp. Party Nos. 2, 3 and 4) refuting the averments of the writ application inter alia stating that the self-same issue has already been decided by this Court in the previous writ petitions. The Collector, after considering the different orders passed by this Court and the relevant