The Single Judge dismissed the writ petition seeking appointment as an Anganwadi Worker. The Court held the petition was not maintainable as the petitioner failed to challenge the final appellate order dismissing her earlier appeal and the selected candidate scored highest marks in a general competition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.9590 of 2008
24 14.11.2018 Due to cease work call given by Orissa High Court Bar Association, none appears for the parties.
Perused the record. The petitioner has filed this writ petition seeking for direction to consider her case for appointment as Anwanwadi Worker of MendhamalII Anganwadi Centre. She further seeks to quash the engagement order of opposite party no.3 against the said post.
The petitioner has pleaded in the writ petition that she belongs to S.C. category and resident of village Mendhamal-II Anganwadi Centre area and otherwise she is eligble for consideration of engagement of Anganwadi Worker. Though she filed representation, the same has not been considered by opposite parties no.1 and 2. On the other hand, opposite party no.3 was selected, who is not a resident of Anganwadi Centre area in question. Against such selection, petitioner preferred appeal which was registered as ICDS Misc. Appeal No.1 of 2008. Upon hearing, the opposite party vide order dated 12.06.2008 disallowed the appeal of the petitioner. Hence this case.
Pursuant to notice issued by this Court on 08.08.2008, opposite parties no.1 and 2 filed counter affidvit wherein it is stated that the writ petition is not maintainable as the petitioner has not challenged the order dated 12.06.2008 passed by the appellae authority in ICDS Misc. Appeal No.1 of 2008. On
merits also stated that pursuant to advertisement dated 19.05.2007, the C.D.P.O., Biramaharajpur invited applications for selection of Anganwadi workers including Anwanwadi Worker of Mendhamal-II Anganwadi Centre. It is also stated that opposite party no.3 belongs to Ward No.6 and she has been selected as per guideline. Opposite party no.3 has secured maximum marks. It is further stated that the petitioner averred in the writ petition that though she belonged to S.C. category, the same has not taken into consideration for selection of Anwanwadi Worker in respect of Mendhamal-II Anganwadi Centre. It is controverted by opposite parties no.1 and 2 in the counter affidvit that as the post was not reserved for any caste or community, the selection has been done in consonance with the guideline governing the field. It is further stated that opposite party no.3 is a resident of Mendhamal-II Anganwadi Centre area and on scrutiny of the records available, the appellate authority has come to such finding. The same having not been challenged in the present writ petitioin, the writ petition should be dismissed.
Considering the pleadings available on record, admittedly, an advertisement was issued for filling up vacancy of Anganwadi Worker in respect of Mendhamal-II Anganwadi Centre. Pursuant to such advertisement, the petitioner and opposite party no.3 along with others applied for the same. Since opposite party no.3 secured highest mark than that of other
applicants, she was selected by following guidelines of the Government governing the field. The claim made by the petitioner that she belongs to S.C. category and the same has not been taken into consideration for selection, the post of Anganwadi Worker was not reserved for any caste or community. The said fact was also considered by the appellate authority. Since the order dated 12.06.2008 passed by the appellae authority in ICDS Misc. Appeal No.1 of 2008 has not been challenged in the present writ petition, the order so passed reached its finality. Therefore, this Court does not find merit in the writ petition and accordingly, the same is dismissed.
…………………….… Dr. B.R.Sarangi, J
Alok
3 issues framed by the court
Whether a writ petition maintaining a challenge to a selection process for an Anganwadi Worker post is maintainable when the final appellate order dismissing the initial appeal has not been challenged
Whether the petitioner qualifies for appointment as an Anwanwadi Worker given that the post was not reserved for S.C. category and the selected candidate secured maximum marks.
Whether the writ court can interfere with the selection of a respondent who scored the highest marks despite the petitioner's claim of SC status.
Petitioner
Opposite Party No. 3
Opposite Parties No. 1 and 2
Dr. B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
