ANUPAMA SAHOO Vs. COLLECTOR, KHURDA AND OTHERS

JUDGEMENT

(1.) In both these writ petitions since common issues are involved, they are heard together and disposed of by this common judgment.

(2.) The matter pertains to engagement of Anganwadi Helper in respect of Odagaon Anganwadi Centre. The fact of the case of the petitioner in W.P.(C) No. 13207 of 2011 is that she being a widow candidate ought to have been selected as Anganwadi Helper in view of the preferential clause given in the guideline dated 24.11.1997, but ignoring her case, Binodini Baliarsingh (petitioner in W.P.(C) No. 11275 of 2011), who is a general category candidate has been engaged. The petitioner being aggrieved with the selection of Binodini Baliarsingh has approached the Sub -Collector, Khurda vide Miscellaneous Case No. 38 of 2009, but the Sub -Collector after going through the materials and considering the fact that on the basis of voting, another candidate, namely, Binodini Baliarsingh had been selected and engaged, observed that the authorities have not followed the preferential clause given in the guideline dated 24.11.1997 and as such, declared the selection process void and in consequence thereof, the C.D.P.O., Begunia had been directed to disengage the helper and engage another helper as per the guideline. The petitioner has filed this writ petition seeking for a direction to engage her in the vacant post of Anganwadi Helper in Odagaon Anganwadi Centre.

(3.) Binodini Baliarsingh, petitioner in W.P.(C) No. 11275 of 2011 has prayed to quash the order dated 25.03.2011 whereunder the Sub -Collector, Khurda has held her appointment illegal. The petitioner has assailed the said order on the ground that merely on the ground of preference, no appointment can be given, rather, preference can only be considered if two candidates are on similar footing. But in the present case, the selection committee on the basis of voting of the Mahila Sabha had found that the Binodini Baliarsingh is most suitable and as such, she was selected ignoring the candidature of the widow candidate, namely, Anupama Sahoo (petitioner in W.P.(C) No. 13207 of 2011). Hence, there is no illegality in the selection process.