KABITA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ petition seeks for quashing of the order/advertisement dated 27.7.2010 under Annexure-5 series issued by opposite party no.5 inviting applications for engagement of Anganwadi Workers in different Anganwadi Centres including Kulinda Anganwadi Centre under Mahajanpur Gram Panchayat when the merit list prepared by the Selection Committee pursuant to the notification under Annexure-1 was valid and in force.

(2.) The factual matrix of the case in hand is that the Government of Orissa issued a revised guideline for selection of Anganwadi Workers superseding the previous guidelines on 2nd May, 2007, basing upon which notification no.119 was issued on 16.2.2009 by the C.D.P.O., opposite party no.5 vide Annexure-1 inviting applications for engagement of Anganwadi Worker in various Anganwadi centres, which included Kulinda Anganwadi Centre of Mahajanpur Gram Panchayat, which stands at Sl.No.2 of the said list. Pursuant to such notification, five candidates including the petitioner and one Kiran Prava Sahoo applied for the same. On receipt of the application forms vide Annexure-2, the opposite party no.5 by notice dated 11.8.2009 called upon the candidates for production of relevant documents for verification on 27.8.2009. On the said date, the petitioner objected to the candidature of Kiran Prava Sahoo and without considering such objection, opposite party no.5 postponed the certificate verification on the very same day, but final merit list was prepared vide Annexure-12 on 12.1.2010 wherein Kiran Prava Sahoo was shown at Sl.No.1 and the petitioner was at Sl.No.2. On 13.1.2010 engagement order was issued in favour of Kiran Prava Sahoo. However, to substantiate the objection raised by the petitioner at the time of verification of documents, the petitioner sought for information under the Right to Information Act, 2005 from the Headmaster of Vivekananda Vidyapitha, Bahugram with regard to

(3.) Without prejudice to the claim involved in the writ petition, the petitioner participated in the selection process pursuant to the fresh advertisement under Annexure-5 series. In the said selection one Sumitra Swain, opposite party no.7 was selected and engagement order was issued in her favour on 9.9.2010 though she received the same on 13.9.2010, but did not join. Hence, the post of Anganwadi Worker in respect of Kulinda Anganwadi Centre was remained vacant till date. The petitioner brought to the notice of this Court the said fact by filing Misc. Case No. 13020 of 2010 with a prayer to stay the advertisement dated 27.7.2010 under Annexure-5 and this Court by order dated 15.9.2010 observed that the engagement of Anganwadi Worker in respect of Kulinda Anganwadi Centre shall be subject to the result of the writ petition.