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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA, J.
Doli Naik – Petitioner
Versus
State of Odisha, represented through its Commissioner-cum-Secretary, Women and Child Development Department and Others – Opp. Parties
W.P.(C) No.17998 of 2023
Decided On : 10-03-2026
| Table of Content |
|---|
| 1. petitioner seeks quashing of appointment order. (Para 1 , 2 , 3) |
| 2. opposite party no.5's appeal includes marks and caste certificate issues. (Para 4 , 6) |
| 3. court reviews eligibility and certificate validity. (Para 5 , 7 , 8) |
| 4. caste certificate validity and basis for decision. (Para 9) |
| 5. writ petition dismissed, no merit found. (Para 11 , 12 , 13) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 25.05.2023(Annexure-10) passed in RMC(AWW) Appeal Case No.01 of 2022 by the Additional District Magistrate, Nabarangpur(Opposite Party No.2).
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing the same is that, the petitioner belongs to Schedule Caste community having her Sub-caste “Dombo” and her house is at village Taragaon under Nabarangpur Police Station in the district of Nabarangpur. She(petitioner) has passed matriculation(HSC) Examination in the year 2007 in 3rd division securing 250 marks, +2 Arts in the year 2010 and graduation from Berhampur University securing 64% marks.
The Opposite Party No.3 (Child Development Project Officer, Nabarangpur) published an advertisement on dated 17.08.2021 as per Advertisement No.352 inviting applications for the selection of Anganwadi Workers in eleven Anganwadi centers including Taragaon Harijan Sahi Anganwadi Center indicating in Sl. No.3 of such advertisement.
On the basis of such advertisement, the petitioner along with eighteen candidates including the Opposite Party No.5 applied for the same.
3. The Opposite Party No.3 selected to the petitioner as the Anganwadi Worker of Taragaon Harijan Sahi Anganwadi Center and as per Order No.702 dated 23.02.2021 vide Annexure-6, she(Opposite Party No.3) appointed to the petitioner as Aganwadi Worker of Taragaon Harijan Sahi Anganwadi Center and accordingly since 23.12.2021, the petitioner has been working as Anganwadi Worker of Taragaon Harijan Sahi Anganwadi Center.
4. On being aggrieved with the aforesaid selection of the petitioner as Anganwadi worker of Taragaon Harijansahi Anganwadi Center, the Opposite Party No.5(Anupama Sethia) challenged the same preferring an appeal vide RMC(AWW) Appeal Case No.01 of 2022 before the Additional District Magistrate, Nabarangpur(Opposite Party No.2) on the ground that, she(Opposite Party No.5) should have been selected for the same, as she has secured more marks in HSC Examination than the petitioner and her permanent house is under the service area of Taragaon Harijan Sahi Anganwadi Center and although, she had submitted her Residential Certificate showing her residence under the service area of Taragaon Harijan Sahi Anganwadi Center with her application, but, the Opposite Party No.3(Child Development Project Officer, Nabarangpur) illegally selected to the petitioner(Doli Naik) debarring her(Opposite Party No.5) to be selected as Anganwadi Worker of Taragaon Harijan Sahi Anganwadi Center on the ground that, she (Opposite Party No.5) had not submitted her recent Caste Certificate with her application. For which, the selection of the petitioner(Doli Naik) as the Anganwadi Worker of Taragaon Harijan Sahi Anganwadi Center is to be set aside and she(Opposite Party No.5) will be appointed as the Anganwadi Worker of the said center.
5. That appeal vide RMC(AWW) Appeal Case No.01 of 2022 filed by the Opposite Party No.5 was heard by the Additional District Magistrate, Nabarangpur(Opposite Party No.2) from both the sides and final order thereof was passed by the Opposite Party No.2 on dated 25.05.2023(Annexure-10) allowing that appeal and cancelled the order of appointment dated 23.12.2021 of the petitioner(Doli Naik) as Anganwadi Workers of Taragaon Harijan Sahi Anganwadi Center and directed to the Opposite Party No.3 to carry out that order issuing fresh appointment order/letter in favour of Anupama Sethia(Opposite Party No.5) a
The permanent validity of Caste Certificates for Schedule Caste candidates and the necessity for selection processes to prioritize documentation and merit in appointments.
Candidates cannot challenge a selection process after participating in it, as established by previous court decisions.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
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.
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
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