KABERI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Kaberi Behera, who was a candidate for selection of Anganwadi Helper, has filed this writ petition to quash the order dated 21.09.2010 passed by the Additional District Magistrate, Puri in Anganwadi Misc. Case No. 2 of 2010, as well as the engagement order issued in favour of opposite party no.5-Mitanjali Swain, and further seeks for a direction to opposite parties no. 1 to 4 to give her engagement in the post of Anganwadi Helper of Torabanga Anganwadi Centre.

(2.) The factual matrix of the case, in hand, is that opposite party no.4, Child Development Project Officer (CDPO), Nimapara issued an advertisement on 18.01.2010 under Annexure-2 regarding selection of Anganwadi Helper in different Anganwadi Centers of Nimapara Gram Panchayat. In the said advertisement, it was indicated to hold Mahila Sabha in all the centers, where intending women candidates were to remain present. It was also indicated therein that the candidate, who intends to apply for the post of Anganwadi Helper, should be a permanent resident of the Anganwadi Centre area, her age should not be less than 18 years as on 01.01.2020, she should have competency to manage the center, she should be liked by the villagers, should be able to read and write and should have shown her interest to work for the women and children of the locality. So far as Torabanga Anganwadi Centre is concerned, the date, time and place were fixed for Mahaila Sabha as 25.01.2010 at 10.00 a.m. in the premises of Torabanga Nilakantheswar Temple of Badasiribula G.P.

(3.) Mr. B.B. Biswal, learned counsel for the petitioner argued with vehemence that the petitioner, who sought for engagement as Anganwadi Helper, has got higher qualification in comparison to other candidates whosoever were in the field and also belonged to SC community and, therefore, non-selection of the petitioner as Anganwadi Helper is arbitrary unreasonable and contrary to the provisions of law. It is further contended that a pre planned and well prepared resolution was passed on 25.01.2010 to show favour to Smt. Gitanjali Swain, who has been selected as Anganwadi Helper in respect to Torabanga Ananwadi Centre. Thereby, the entire selection process has to be quashed. Consequentially, rejection of the representation of the petitioner vide impugned order dated 21.09.2010 passed in Anganwadi Misc. Case No. 2 of 2010, which has been passed in pursuance of order dated 19.04.2010 passed by this Court in W.P.(C) No.6970 of 2010, cannot sustain in the eye of law and also engagement order issued in favour of opposite party no.5 should be quashed.