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ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Jamuna Hial – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing order of selection. (Para 1 , 2) |
| 2. challenge to the appointment of anganwadi worker. (Para 3 , 4 , 5) |
| 3. guidelines for selection prevail over advertisements. (Para 6 , 8 , 9) |
| 4. st candidates preferred in scheduled areas. (Para 10 , 11 , 12) |
| 5. failure to consider law can lead to review. (Para 13 , 14) |
| 6. writ petition dismissed; no merit found. (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 th
Guidelines for selection of Anganwadi Workers mandate that only Scheduled Tribe candidates from the designated area are eligible, superseding conflicting advertisements.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
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....
In Tribal Sub-plan areas, ST candidates must be prioritized for Anganwadi Worker positions; any deviation constitutes a breach of guidelines.
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
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 ....
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.
Procedural violations in the selection of Anganwadi Workers necessitate the conclusion of interrupted selection processes rather than issuing new advertisements, ensuring compliance with fair practic....
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