KUNILATA DUTTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is aggrieved by the action of the opposite parties in canceling the selection process which was initiated under the old Guidelines issued by the State Government in Women and Child Development Department and issuing fresh advertisement on the basis of new Guidelines issued in the year 2007.

(2.) PURSUANT to Advertisement dated 10.04.2006, the petitioner applied for being engaged as Anganwadi worker for Raipur Additional Anganwadi Centre within the jurisdiction of the Child Development Project Officer, Chandbali. The petitioner further claims that as per the list of candidates published on the notice board of the C.D.P.O., Chandbali, the petitioner secured first position. At that stage, opposite party No.4 issued fresh advertisement on 09.07.2007 in canceling the previous advertisement issued on 10.04.2006. The petitioner claimed that the entire selection process could have been completed much before the commencement of the new guideline, but for the latches of the opposite parties, it was intentionally delayed.

(3.) OPPOSITE parties 3 and 4 have filed their written counter, inter alia, leading that the writ application is not maintainable and is liable to be dismissed in limine. It is further submitted that the writ petition involves disputed question of facts. The opposite parties disputed that the opposite party No.2 has acted illegally in canceling the selection process, which was made under the old guidelines for appointment of Anganwadi Workers and in its place issuing a fresh advertisement on the basis of the new guideline. It is further pleaded that neither any interview was conducted for the said Anganwadi Centre nor selection process had been completed. When the matter stood thus, new guideline came into force. In the said guideline it was mentioned that "whenever the Anganwadi Workers have not been selected and engaged as per the earlier guidelines, the selection will be done as per the revised guidelines".