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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sunita Mallik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to anganwadi worker engagement (Para 1 , 2) |
| 2. arguments regarding certification and eligibility (Para 4 , 5 , 6) |
| 3. court's evaluation of evidence and reasoning (Para 7 , 8) |
| 4. evaluation of candidate's merit (Para 9) |
| 5. conclusion and order of the court (Para 10 , 11) |
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
The ability to read and speak Odia is sufficient for eligibility as an Anganwadi Worker; formal qualifications are not mandatory.
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....
The court established that the selection committee's rejection of a candidate based on the age of a resident certificate was erroneous, as there was no legal basis for such a requirement in the appli....
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
Guidelines for selection of Anganwadi Workers mandate that only Scheduled Tribe candidates from the designated area are eligible, superseding conflicting advertisements.
The validity of a resident certificate issued under superseded rules is maintained unless explicitly stated otherwise; thus, retrospective application of new rules is not permissible.
The court determined that an advertisement's qualification criteria were valid as per guidelines, and the rejection of an eligible applicant was unjustified, emphasizing adherence to legal standards ....
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
The court ruled that residency status is critical for eligibility as Anganwadi workers, reaffirming administrative decisions based on statutory qualifications must adhere to principles of fairness.
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