JHUNULATA NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) An advertisement was issued by the Child Development Project Officer, Khandapara Block in the district of Nayagarh on 25/11/2016 inviting applications from eligible candidates for engagement as Anganwadi Worker for Kumbharapada-3 Anganwadi Centre. Said advertisement inter alia mentioned a condition that the resident certificate of the candidates should have been obtained six months prior to the date of advertisement. The petitioner and the opposite party No.4 along with others applied. Opposite party No.4 applied for resident certificate on 6/12/2016, which was issued to her on 9/12/2016, on which date she submitted the same. Be it noted that 9/12/2016 was the last date for submission of application. The applications along with the documents of the candidates were scrutinized on 12/12/2016 and the selection committee conducted the selection process on 24/4/2018, wherein the petitioner was awarded 55.80 marks while opposite party No.4 was awarded 56 marks. Thus, opposite party No.4 was selected. The petitioner challenged the selection of opposite party No.4 before the appellate authority, i.e. Additional District Magistrate, Nayagarh in A.W. Appeal No. 1 of 2018 inter alia on the ground that the resident certificate obtained by opposite party no.4 was after the date fixed in the advertisement and hence, could not have been accepted by the selection committee. In the meantime, on 27/4/2019 engagement order was issued in favour of opposite party No.4. On 18/12/2019, the appellate authority found no merit in the appeal and therefore, dismissed it. Being aggrieved, the petitioner has approached this Court seeking the following relief:

(2.) The case of opposite party No.4 is that she having secured the highest marks was eligible for being engaged as Anganwadi Worker. As regards the specific ground urged by the opposite party No.4 regarding validity of the resident certificate, it is her stand that as per settled law, eligibility criteria is to be applied with reference to the last date for receipt of application. Since she had submitted the resident certificate on the last date of submission of application form, acceptance of the same was in order. It is her further case that the petitioner being an unsuccessful candidate cannot challenge the selection process. Further, the appellate authority having considered the facts in the proper perspective, the impugned order does not warrant any interference more so as she (opposite party No.4) has been rendering satisfactory service as Anganwadi Worker for the past four years.

(3.) Heard Mr. B.K. Nayak, learned counsel for the petitioner; Mr. B.S. Rayaguru, learned counsel for private opposite party No.4 and Mr. S. Pattanaik, learned Addl. Government Advocate for the State.