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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Doli Naik – Appellant
Versus
State of Odisha, represented through its Commissioner-cum-Secretary, Women and Child Development Department – Respondent
| 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
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The validity of a resident certificate issued under superseded rules is maintained unless explicitly stated otherwise; thus, retrospective application of new rules is not permissible.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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