LAWS(ORI)-2007-4-27

SHOBHARANI TRIPATHY Vs. COLLECTOR

Decided On April 18, 2007
Shobharani Tripathy Appellant
V/S
COLLECTOR Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE case of the petitioner is that she was an applicant to be engaged as Anganwadi Worker in Orti Anganwadi Centre under Nischantakoili Block and she submitted an experience certificate which has been annexed to the writ petition as Annexure -4. From the said certificate, it appears that an N.G.O. named as Joy Bharati Sathi Samaja certified that the petitioner is a life member of the said Voluntary Organisation from 1998 and as a trained social worker of the said Organisation, she has been actively participating in Literacy Campaign, AIDs Awareness, National Environment Awareness Campaign etc. The petitioner having not been selected, approached this Court in W.P.(C) No. 10268 of 2005 which was disposed of by order dated 19.8.2005 directing the opp. party No. 1 therein to call for the records of selection and if necessary, to give opportunity of hearing to the petitioner and the opp. party No. 7 and decide as to whether the selection of opp. party No. 7 in the said writ petition is legal and justified, within a period of two months from the date of communication of the said order. Pursuant to the said order dated 19.8.2005, the Collector, Cuttack -opp. party No. 1 passed an order under Annexure -10 on 14.9.2005. By the said Order 14.9.2005, the Collector, Cuttack did not accept the case of the petitioner on the ground that she did not get any marks for interview since she has worked in a private N.G.O. and not with any Government/Government aided institution and for this reason, the decision of the selection committee is correct and in accordance with the guidelines of the Government.

(3.) A reading of the Clause -8 of the guidelines under Annexure -1 to the writ petition shows that the candidates who have included in the panel will be called for an interview and marks will be awarded to them in accordance with the provisions mentioned in the said clause. Clause -8(c) thereof provides that marks to be awarded for experience out of a maximum of 5 and the experience relevant for this purpose will be experience in any area of the duties of Anganwadi worker acquired in Government employment or in employment in a programme under a registered voluntary organisation funded by the State/Central Government for this purpose.