The ability to read and speak Odia is sufficient for eligibility as an Anganwadi Worker; formal qualifications are not mandatory.

JUDGMENT :

SASHIKANTA MISHRA, J.

1. Both the writ applications are directed against the same order passed by learned A.D.M., Jajpur i.e., order dated 13.04.2022 passed in A.W.W. Misc.(appeal case No.3 of 2021).

2. The brief facts of the case are that the petitioner in W.P.(C). No. 13154 of 2022, namely, Ms. Sunita Mallik seeks to challenge the impugned order whereby her engagement as Anganwadi Worker was cancelled. The petitioner in W.P.(C). No. 16096 of 2022 seeks to challenge the same order to the extent direction was issued to the selection committee to take appropriate steps for selection of Anganwadi Worker as per provision of the guidelines issued by W & CD Department, Govt. of Odisha, Bhubaneswar.

3. For convenience, both the petitioners are referred to by their names.

4. Pursuant to advertisement dated 19.07.2021 for engagement of Anganwadi Worker of different Aganwadi Centres, both Sunita Mallik and Kumari Khara applied for Jari North Anganwadi Centre. After scrutiny of the documents submitted by all the candidates, the selection committee prepared a list of four candidates and objection was invited. Since no objection was submitted during the stipulated period of 7 days, the matter was placed before the selection committee on 27.08.2021, which selected the Sunita mallik as Anganwadi Worker for the centre in question. Accordingly, appointment letter was issued on 02.09.2021. Kumari Khara being the non-selected candidate preferred the aforementioned appeal before the A.D.M., Jajpur challenging the selection of Sunita Mallik on two grounds:

(i) She is not an inhabitant of the service area of the Anganwadi Centre.

(ii) She does not know Odia language nor able to read and write the same.

5. The A.D.M., Jajpur issued notice of the appeal to Sunita Mallik as well as the C.D.P.O., Binjharpur. The C.D.P.O. in his written submission stated that as per clarification received from W & CD Department dated 22.05.2010 the candidates should have knowledge in Odia and that the respondent No.1 (Sunita Mallik) can speak, write and read in Odia and therefore, the selection is genuine. In course of hearing, a certificate issued by Ahamadpur Primary School, Rajkanika, Kendrapara was submitted on behalf of Sunita Mallik showing her to have passed Class-V in Odia medium. The genuineness of such certificate being challenged by the appellant, the Director of Social Welfare was asked to issue clarification. Accordingly, the District Education Officer, Kendrapara submitted that the school certificate is fake. On such basis, the A.D.M. held that the selection committee had not properly verified the documents and therefore, the selection of Sunita Mallick was wrong. The appeal was thus allowed and the appointment of Sunita Mallik was set aside.

6. Heard Mr. S.K. Ojha, learned counsel for the petitioner Sunita Mallik and Mr. Ashok Das, learned counsel for the petitioner-Kumari Khara. Also heard Mr. R.N.Mishra, learned Additional Government Advocate for the State.

7. A perusal of the advertisement issued for engagement of Anganwadi workers in different Anganwadi centres, copy of which has been enclosed as Annexure-1 to the writ petition, reveals that one of the eligibility conditions is that the candidates must be able to write and read odia language. No qualification in odia as such is prescribed. In the calculation sheet enclosed as Annexure-3 to the writ application, it is stated under the remarks column against the name of the Sunita Mallik that she has passed in English medium. Her educational testimonials also prove the same. As has already been stated hereinbefore, the C.D.P.O., Binjharpur in her written submission before the appellate authority clearly stated t