Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.

JUDGMENT :

B.R. SARANGI, J.

The petitioner, by way of this writ petition, seeks to quash the order dated 30.04.2010 passed by the Sub-Collector, Chatrapur in Misc. Appeal No.19/2009 at Annexure-9, by which her engagement as anganwadi worker of Railway Colony Anganwadi Centre has been set aside and direction has been given to the CDPO to disengage her forthwith and to place the matter before the selection Committee to examine the claim of petitioner vis- à-vis opposite party no.5 as per the prevailing guidelines and finalize the selection of anganwadi worker in respect of Anganwadi Centre in question within a period of one month.

2. The factual matrix of the case, in hand, is that the Child Development Project Officer (C.D.P.O.), Chatrapur issued an advertisement on 01.06.2009 in Annexure-1 inviting applications from the eligible candidates for selection of Anganwadi Workers in respect of various Anganwadi Centres of Chatrapur NAC, which includes Station Road Railway Colony Anganwadi Centre. As per such advertisement, the applicant must be a social worker residing within the centre area for more than six months and, as such, she should produce the residential certificate from the local Tahasildar issued within six months. The minimum qualification prescribes in the said advertisement is matriculation and age should be within 18 to 42 years as of 01.01.2009. If any candidate of the Centre area is not made available, then the candidate from nearby area should be given opportunity. The applications were to reach between 01.06.2009 and 15.06.2009. As such, the candidates were to remain present on 16.06.2009 for verification of documents and objection if any, should be filed between 16.06.2009 and 23.06.2009. In the event, any application received beyond the time stipulated, the same was not to be accepted.

2.1 Pursuant to the advertisement under Annexure-1, the petitioner, along with four others, applied for. They were called for verification of documents on 17.06.2009 at 11.00 am. Consequentially, a list of the candidates, who had applied for engagement of anganwadi worker in respect of Station Road Railway Colony Anganwadi Centre, was prepared vide Annexure-3, wherein the name of the petitioner, along with opposite party no.5, was indicated. The petitioner having been selected, engagement order was issued in her favour on 10.08.2009 vide Annexure-4, and she joined on 11.08.2009. The selection and engagement of the petitioner was challenged by opposite party no.5 by filing appeal before the Sub-Collector, Chatrapur, which was registered as Misc. Appeal No. 19 of 2009, on the ground that the petitioner is not a permanent resident of Railway Colony Anganwadi Centre area, Chatrapur rather she is temporarily residing with one Damayanti Dora of Church Road, Chatrapur, and that she, being below 35 years of age as on 01.01.2009, was not eligible to get extra weightage of 10 % of mark, and that, she was not a Balwadi worker at Railway Colony center area, therefore, her selection to the post of anganwadi worker pursuant to advertisement was illegal.

2.2 On being noticed in appeal, the petitioner refuted the contention raised by opposite partyno.5 and contended that she is a bona fide resident of Railway Colony Anganwadi Centre area, Chatrapur as the Tahasildar, Chatrapur issued resident certificate to her basing on the ROR in respect of Khata No. 93/185, which stands recorded in the name of the mother-in-law of the petitioner, and also produced the electricity and holding tax payment receipts of NAC Chatrapur. It was further stated that at the time of selection no objection