SHANTILATA PRADHAN Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) PETITIONER being aggrieved with the order dated 24.6.2010 as contained in letter No. 265 by which petitioner has been terminated from service on the ground that the advertisement has been issued for engagement of Anganwadi Worker for MADA area wherein only candidates of ST/ST category is to be considered but the petitioner being not a member of ST/ST category appointed for MADA area, her engagement has been cancelled, has approached this Court.

(2.) GROUNDS taken by the learned counsel for the petitioner that the petitioner in pursuance to the advertisement has applied for the post of Anganwadi Worker without suppressing any material facts and after giving full disclosure of particulars of the petitioner, has been selected and engaged and performed duty for a period of one year, but thereafter vide order dated 24.6.2010 her engagement has been cancelled which is impugned in this writ petition on the ground that the Director, Social Welfare & Ex -Officio Addl. Secretary to Government addressed to the Collector, Khurda dated 15.2.2010 regarding filling up of the post of ICDS Supervisors on contractual basis from among the Anganwadi Workers having Graduate qualification wherein benefit of reservation to be given to ST and SC candidates in lieu of Class -III and Class -IV posts has been revoked by ST & SC Development Department vide resolution No. 5890 dated 8.2.2010.

(3.) ON the other hand, learned counsel for the opposite party has contested the case by filing counter affidavit and has stated that Anganwadi Worker is to be engaged in view of the Government guideline dated 2.5.2007 wherein provision has been made for consideration of candidates belonging to ST/ST category in the MADA area which has been clarified by the Commissioner -cum -Secretary, Women & Child Welfare Department addressed to all Collectors by clarifying the position vide communication dated 18.8.2008 stating therein that Anganwadi Worker will be SC/ST in the 'Scheduled Area' is also applicable for MADA area. The guideline issued earlier already mentions relaxation of minimum qualification in case Matriculate SC/ST candidates not available in the MADA area for selection of Anganwadi Worker.