SMT. PREMALATA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The thirteen petitioners in this writ petition inter alia challenge the order dated 19- 11-2003. Annexure-7, passed by the Collector, Nayagarh. opposite party No. 2. quashing the entire selection process for selection of Anganwadi Workers in fortysix Anganwadi Centres under the Bhapur ICDS Project in Nayagarh district and directing to initiate the selection process de novo.

(2.) The petitioners have averred that they were eligible having possessed the requisite qualification for being engaged as Anganwadi Workers. They submitted their applications in consonance with a Notification issued by the concerned authority. They faced interview and their names found place in a select list prepared by the selection committee, but for no rhyme or reason and on being politically motivated, the said select list was cancelled. It is averred that the action of the opposite parties was not structured with any rationality and it is a fit case where the order Annexure-7 cancelling the entire selection process should be quashed and the petitioners should be engaged as Anganwadi Workers.

(3.) After receiving the Rule, a counter affidavit has been filed on behalf of opposite parties 2 and 4. The said affidavit has been sworn by the Child Development Project Officer, opposite party No. 3. In the said counter-affidavits, the averments so far as issuance of the Notification inviting applications, conduct of interview by a selection committee as well as preparation of a select list have been admitted, but then it is averred that the select list so prepared had not been approved by the appropriate authority in consonance with the Scheme, and as such no right had accrued to the petitioners for being engaged. It is further averred that after the selection process was over, a number of allegations were received against the then Child Development Project Officer who was in charge of selection. It was also alleged that the said CDPO was allegedly collecting illegal gratification to the extent of Rs. 2,000.00 and odd from the candidates assuring them that they would be selected and engaged. While matter stood thus, the Vigilance Department conducted a trap and the CDPO in charge was caught red-handed while accepting a bribe of Rs. 2,000,00.00. Thereafter the matter was enquired into by Government in the Department of Women and Child Development and it was decided that as the selection process had been tainted with unfairness from the very beginning, the entire selection process for engagement of Anganwadi Workers in fortysix Anganwadi Centres conducted by the CDPO in-charge should be cancelled as there was allegation of rampant mal practice and other unfair activities were also alleged against the CDPO.