JHUNA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who was a candidate for selection of Anganwadi Helper of Jamugaon-III Anganwadi Centre under Child Development Project Officer (CDPO), Naugaon in the district of Jagatsinghpur, has filed this writ petition seeking to quash the selection of opposite party no.5-Smt. Swagatika Mallick and issue direction to the State opposite parties to give her appointment against the said post.

(2.) The factual matrix of the case, in hand, is that Jamugaon village consists of nine wards and out of the same in respect of wards no. 8 and 9 a notice was issued by the Child Development Project Officer (in short CDPO), Nuagaon on 28.08.2010 for selection of Anganwadi Helper. It was indicated therein, so far as Jamugaon-III Anganwadi Centre is concerned, that Mahila Sabha would be convened on 03.09.2010 at 12 noon and all the candidates would be present on the scheduled date, time and place. Pursuant to such notice, Mahila Sabha was held on 03.09.2010 at Jagulai Temple premises, wherein seven applicants were present. Due to difference of opinion, the selection process could not be completed and the meeting was closed.

(3.) Mr. S.S. Mohapatra, learned counsel for the petitioner contended that the Government of Odisha, Women & Child Development Department issued guidelines for selection of Anganwadi Helper for Anganwadi Centers vide letter dated 24.11.1997 under Annexure-7, wherein it has been specifically mentioned that though the Orissa Reservation of Vacancies Rules are not applicable for the selection of Anganwadi Helper in the villages predominantly occupied by SC, ST and OBC population, the Anganwadi Helper selected may be from any of these communities which is in majority. It is further contended that the area of selection consists of 244 women, out of whom 67 belonged to SC category, 128 from backward classes and 49 from General Category. Therefore, the selection of Anganwadi Helper should have been made from among the backward class candidates, who are predominantly occupied, as per the guidelines issued by the Government. But, without following such guidelines, the opposite party no.5 was selected by the authority, which cannot sustain in the eye of law and is liable to be quashed.