KUNIMANI MALLIK Vs. COLLECTOR, PURI

JUDGEMENT

(1.) The sole question that hinges for my consideration is as to whether the Child Development Project Officer, Pipili can extend the date of verification of documents of the candidates applying for the post of Anganwadi Worker in respect of Anganwadi Centre, Binayakpur, when a cutoff date is provided in the guideline issued by the Commissioner-cum- Secretary to Government, Women and Child Development Department, Government of Orissa vide Annexure-1.

(2.) Adumbrated in brief, the case of the petitioner is that Commissionercum- Secretary to Government, Women and Child Development Department has formulated a revised guideline dated 2.5.2007 vide Annexure-1 for engagement of Anganwadi Workers. The said guideline is a set of codified executive instruction, which provides the qualification required for selection of Anganwadi Workers and the procedure to be followed in making the selection. The Child Development Project Officer, Pipili (hereinafter referred to as "CDPO") had issued an advertisement on 15.2.2008 vide Annexure-2 for selection of Anganwadi Worker in respect of Anganawadi Centre, Binayakpur. The advertisement clearly spells out that the applications shall be received between the period from 15.2.2008 to 29.2.2008 from the eligible candidates. Clause-13 of the advertisement provides that the application forms so received shall be scrutinized on 1.3.2008 in presence of the candidates. It is further provided that at the time of such scrutiny/verification, the candidates shall remain personally present with original certificates and testimonials. It further provides that the application of absentees shall not be taken into consideration. The petitioner as well as other persons submitted applications along with required documents for engagement as Anganwadi Worker. On the date of scrutiny i.e. 1.3.2008, out of four candidates, the petitioner and one Sabita Satapathy attended the scrutiny/verification process. After due consideration, the petitioner was declared to have secured the first position in the merit list. As per the provision of the scheme, a notice was published by the CDPO inviting objection to the selection of any of the two candidates, wherein it was indicated that the objection, if any, should be preferred by 10.3.2008 and, thereafter no objection shall be entertained. The further case of the petitioner is that opposite party no.5 was not present at the time of verification/scrutiny i.e. on 1.3.2008. After issuance of general notice on 3.3.2008 inviting public objections, the selection committee held its meeting on 12.3.2008 and allowed the absentee candidates to produce their original certificates on 19.3.2008 for verification/scrutiny. Being aggrieved by the action of the selection committee, the petitioner preferred an A.W.W. Misc. Appeal No.39 of 2008 before the Sub-Collector, Puri. The Sub-Collector by order dated 23.10.2008 set aside the engagement of opposite party no.5 and directed the CDPO to issue engagement order in favour of the petitioner holding, inter alia, that the selection committee had not followed the revised guideline issued by the Government. In consonance with the order of the Sub- Collector, the CDPO issued engagement order in favour of the petitioner on 27.10.2008. Thereafter, the petitioner joined as an Anganwadi Worker.

(3.) While the matter stood thus, opposite party no.5 preferred an appeal before the Collector, Puri, which was registered as A.W.W. Appeal Case No.60 of 2008, pursuant to the observations of this Court in W.P.(C) No.15820 of 2008. In the said writ application, no notice was issued to her. The Collector, who has no jurisdiction to entertain the appeal filed at the behest of opposite party no.5, examined the merit of the selection process and tenability of the findings recorded by the Sub-Collector in A.W.W. Misc. Appeal No.39 of 2008, by order dated 2.3.2009 came to hold that the Committee had not committed any illegality by extending the time for verification/scrutiny and thereby granting time in favour of opposite party no.5.