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ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA, J.
Jamuna Hial - Petitioner
Versus
State of Orissa & Others - Opposite Parties
WP(C) No.15109 of 2025
Decided On : 26-02-2026
| Table of Content |
|---|
| 1. writ petition filed for validation of anganwadi worker selection. (Para 1 , 2 , 3) |
| 2. appellate authority set aside previous selection based on government guidelines. (Para 4) |
| 3. petitioner challenges authority's decision; asserts eligibility based on advertisement. (Para 5 , 7) |
| 4. court examines conflict between advertisement and government guidelines. (Para 6 , 8) |
| 5. guidelines govern selection process, superseding advertisements. (Para 9 , 10 , 11 , 12) |
| 6. failure to consider the relevant circular constitutes ground for review. (Para 13) |
| 7. impugned decision upheld; no basis for granting relief to petitioner. (Para 14) |
| 8. writ petition dismissed due to lack of merit. (Para 15 , 16 , 17) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. 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 22.05.2025 (Annexure-5) passed by the Additional District Magistrate, Nuapada (O.P. No.3) in AWW Appeal Case No.02 of 2024 and to declare the selection of the Petitioner as Anganwadi Worker of Kandulkona Anganwadi Centre as valid and to restrain the Opposite Parties from interfering with the functioning of the Petitioner as Anganwadi Worker of Kandulkona Anganwadi Centre and to pass such other order(s) as it deems just and proper, to which, she (Petitioner) is entitled for.
2. The factual backgrounds of this writ petition, which prompted the Petitioner for filing of the same is that, as per the guidelines/circular dated 15.03.2023 (Annexure-1) of the Government of Odisha, Department of Women and Child Development, an advertisement was published on dated 12.01.2024 vide Annexure-2 inviting applications for the selection of an Anganwadi Worker of Kandulkona-1 Anganwadi Centre under Sinapali ICDS Project in the District of Nuapada and on the basis of such advertisement, the Petitioner, O.P. No.5 along with others applied submitting their applications for the same with required documents and the Petitioner was selected as Anganwadi Worker of Kandulkona Anganwadi Centre by the selecting authorities.
To which, the O.P. No.5 of this writ petition challenged before the Chairman-cum-Sub Collector, Nuapada alleging allegations against her (Petitioner in this writ petition) is that, the Petitioner belong to Scheduled Caste Community and she has passed (+2) CHSE examination from Bihar Board of Open Schooling and Examination, Patna in the year 2019, which is not equivalent to CHSE, Odisha Examination.
As, the O.P. No.5 in this writ petition belong to Scheduled Tribe community and her house is within the service area of the Kandulkona-1 Anganwadi Centre, then, the selection of the Petitioner as Anganwadi Worker of Kandulkona-1 Anganwadi Centre is against the guidelines of the Government and that apart, she (O.P. No.5) has secured more marks than the Petitioner. For which, the selection of the Petitioner as Anganwadi Worker of Kandulkona-1 Anganwadi Centre has been made violating the guidelines/circular dated 15.03.2023 (Annexure-1) of the Government of Odisha, Department of Women and Child Development.
Therefore, the selection of the Petitioner as Anganwadi Worker of Kandulkona-1 Anganwadi Centre is liable to be set aside.
After hearing from both the sides, the Chairman-cum-Sub Collector, Nuapada without giving any importance to the aforesaid allegations of the O.P. No.5 in this writ petition, made the selection of the Petitioner as Anganwadi Worker of Kandulkona-1 Anganwadi Centre proper as per order dated 19.07.2024 (Annexur-3) and on the basis of the said order dated 19.07.2024, the Petitioner was appointed as Anganwadi Worker of Kandulkona-1 Anganwadi Centre.
3. On being aggrieved with the said order dated 19.07.2024 (Annexure-3) passed by the Chairman-cum-Sub Collector, Nuapada rejecting the objection of the O.P. No.5 in this writ petition, the O.P. No.5 in this writ petition challenged the same preferring an appeal vide Anganwadi Appeal Case No.02 of
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 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.
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....
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
In Tribal Sub-plan areas, ST candidates must be prioritized for Anganwadi Worker positions; any deviation constitutes a breach of guidelines.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
Candidates cannot challenge a selection process after participating in it, as established by previous court decisions.
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 ....
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