SABITRI PADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petition has filed this writ petition with the following prayer:-

(2.) The facts of the case lie in a narrow compass. An advertisement was issued on 10/11/2021 by the CDPO, Ulunda for engagement of Anganwadi worker in Redam Anganwadi center. The petitioner and Opposite Party No.6 were applicants along with others'. The candidature of Opposite Party No.6 was rejected during the selection process on the ground that she had produced a Residential Certificate, which was issued more than six months prior to the date of advertisement which was contrary to the norms laid down therein. So, despite scoring the highest marks among all the eligible candidates, the Opposite Party No.6 was found ineligible and the petitioner having fulfilled the eligibility criteria in all respects was found suitable for engagement. Accordingly, the petitioner was issued with an engagement order on 23/12/2021 by the CDPO pursuant to which she joined on the same day and has been discharging her duties till date. Being aggrieved by her non-selection, the Opposite Party No.6 filed an appeal before the ADM, Subarnapur being Anganwadi Appeal Case No.1 of 2022. After considering the contentions raised, the ADM held that since both the petitioner and Opposite Party No.6 are residents of the service area of the anganwadi center and Opposite Party No.6, being a Scheduled Caste candidate is more meritorious than the petitioner, the selection of the latter was bad. Accordingly, the appeal was allowed and the selection of the petitioner was quashed with direction to issue fresh advertisement. Challenging the order of the ADM in appeal, the petitioner has filed the present writ petition.

(3.) The case of the State, as can be seen from of its counter affidavit, is that the Selection Committee had made selection strictly on the basis of the norms laid down in the advertisement though admittedly, Opposite Party No.6 was more meritorious than her.