The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P(C) No. 22693 of 2023 Samaleswari Munda Petitioner Mr.Indramani Sahoo,Adv. -versus- …. State of Odisha & others …. Opposite Parties Mr.Ch.S.Mishra,AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 10.08.2023 06. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The Petitioner through this writ petition has assailed the illegal and arbitrary action of the Opposite Party No.3 in publishing fresh advertisement by changing the criteria/rule for the post of Anganawadi Worker for Kurumula Centre in the district of Angul after
Legal Reasoning
completion of the selection process pursuant to the first advertisement and appointing the O.P. No.4 in the said post by resorting to second advertisement whose application was rejected in the first advertisement. FACTUAL MATRIX OF THE CASE: 4. The Opposite Party No.3/C.D.P.O., Pallahara published an advertisement to fill up the post of Anganawadi Page 1 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 2 // Worker for Kurumula Centre in the district of Angul vide advertisement No.239 dated 27.03.2023. In the said advertisement the educational qualification for the said post was mentioned as +2 pass. Pursuant to the said advertisement selection process was started and finally on 13.04.2023 the name of list of eligible candidates was published. The objections were called for against the named/selected candidates. 5. The opposite party No.3/ C.D.P.O., Pallahara vide order No.311 dated 17.04.2023 passed an order disputing the term of educational qualification with regard to post wherein she has specifically mentioned that in the first advertisement dated 27.03.2023, the qualification of the candidate was mentioned to be +2 pass. However, in the aforesaid order dated 17.04.2023 she has modified the same to be twelve pass. 6. It is pertinent to mention that in the meantime selection process was completed pursuant to the first advertisement and petitioner was selected for appointment as she was judged most qualified and meritorious among all candidates. Her total percentage was 74% and application of opposite party No.4 was rejected for not having required qualification for the post. 7. In spite of strong protest by all the candidates the opposite party No.3/C.D.P.O., Pallahara published a fresh Page 2 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 3 // advertisement vide order no.346 dated 01.05.2023 for the same post by changing the minimum educational qualification for the post of Anganawadi Worker to be twelve pass and accordingly the selection process was started again and concluded by selecting the opposite party No.4 for the post. 8. Pursuant to the above said fresh advertisement no.346 dated 01.05.2023 the opposite party No.3 published a new/fresh list of eligible candidates on 30.05.2023. The petitioner is a Diploma holder and has passed Diploma in Civil Engineering in First Division. It is worthwhile to mention here that petitioner is now pursuing her studies in B. Tech Engineering. 9. The petitioner filed a Writ Petition bearing No. 15442 of 2023 before this Court challenging the illegal and arbitrary action of the opposite party No.3 in publishing the fresh/new advertisement in order to engage the opposite party No.4 in the post of Anganwadi worker. After hearing the case this Court vide order dated 12.05.2023 disposed of the case granting liberty to the petitioner to approach the Appellate Authority for redressal of her grievance. 10. Thereafter, the petitioner filed an appeal before the Sub- Collector Pallahara i.e. the opposite party No. 2 to cancel/quash the new advertisement dated 01.05.2023 and Page 3 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 4 // the opposite party No.2 dismissed the Appeal petition vide order dated 26.05.2023. After dismissal of the Appeal petition filed by the Petitioner, the opposite party No.3 succeeded in her attempt and vide order No.520 dated 28.06.2023 engaged the opposite party No.4 in Kurumula Anganwadi Center, whose application was rejected in the first advertisement. Aggrieved with the same, the petitioner has filed this writ petition. PETITIONER’S SUBMISSIONS:
Legal Reasoning
11. Learned counsel for the Petitioner earnestly made the following submissions in support of their contentions: 12. In the first advertisement the minimum educational qualification for the post of Anganwadi Worker is + 2 pass and the same is correct in all respect, which was correctly mentioned in the first advertisement. Subsequently, the minimum educational qualification for the post of Anganwadi Worker was changed and modified to be twelve pass in the second advertisement. 13. In this regard law is well settled that “selection criteria has to be adopted and declared at the time of commencement of the recruitment process. The Rule of game cannot be changed after the game is over. Everything must be done at the time of the initiation of selection process. Change of criteria of selection in the midst of selection process is not permissible in law.” Page 4 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 5 // 14. In the instant case, both the opposite party Nos.2 & 3 changed the criteria/rule of appointment for the post of Anganwadi Worker after selection process is commenced & completed as per the first advertisement by using the term twelve pass instead of + 2 pass and published a fresh /new advertisement which gave chance to opposite party No.4 to apply again and afresh whose application was rejected in the first advertisement. As a result the opposite party No.3 succeeded in her attempt & engaged the opposite party No.4 as Anganwadi worker in Kurumula Anganwadi Center. Therefore, it is a clear case of accommodation to the opposite party No.4 by the opposite party Nos.2 & 3. Furthermore, issuance of second/ new advertisement with regard to the same post is not permissible under the law in any circumstances. Therefore, such illegal and arbitrary action of the opposite party No. 3 cannot be sustained in law and is liable to be quashed. 15. The application of opposite party No.4 was rejected due to lack of prescribed educational qualification as per the first advertisement but the opposite party No.3 created a chance to the opposite party No.4 by publishing a fresh new advertisement and succeeded to engage the opposite party No.4 as Anganwadi worker in Kurumula Anganwadi Center which caused irreparable and Page 5 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 6 // irreversible harm to the petitioner. In view of her higher qualification which is given preference for the purpose the petitioner had the fair chance of being engaged. But due to such illegal and arbitrary action of opposite party No. 3 all hopes of the petitioner are goes in vein and she sustained irreparable and irreversible harm. Hence this Writ Petition. SUBMISSIONS OF CHILD DEVELOPMENT OFFICER, PALLAHARA ICDS PROJECT, ANGUL: 16. Per contra, learned counsel for the Opp. party intently made the following submissions: 17. The Advertisement vide letter No.239 dated 27.03.2023 was published by the deponent for engagement of Anganwadi Worker at Kurumula Anganwadi Centre. Pursuant to the said advertisement, 15 (fifteen) numbers of applications/candidatures were received and out of which 6 (six) numbers applications were rejected as they are not coming under the service area and having no minimum qualification and 9 (nine) numbers of applications were found eligible. Thereafter, notices were issued to the applicants for inviting objections, if any, vide Notification No.299 dated 13.04.2023. 18. Due to the educational qualification mentioned as +2 pass instead of 12th standard at Serial No.3 in the Page 6 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 7 // Advertisement No.239 dated 27.3.2023, the Chairman Selection Committee-cum-Sub-Collector, Pallahara cancelled the said advertisement vide order No.311 dated 17.04.2023 and further directed to publish fresh advertisement for the aforesaid purpose vide Annexure-4
Decision
to the writ petition. 19. Pursuant to the above order, a fresh advertisement vide Notification No.346 dated 1.5.2023 was published by the deponent for engagement of Anganwadi Worker at Kurumula Anganwadi Centre. Pursuant to the said advertisement, 13 (thirteen) numbers of applications/ candidatures was received and out of which 3 (three) number of applications were rejected as they are not coming under the service area and 10 (ten) numbers of applications were found eligible. Thereafter, notices were issued to the applicants for inviting objections, if any vide Notification No.455 dated 30.05.2023 by the Selection Committee vide Annexure-6 to the writ petition. After verification of documents, Nandini Naik secured highest mark in her favour. 20. Thereafter, the engagement letter vide No.520 dated 28.06.2023 has been issued by the deponent i.e. the Child Development Project Officer, Pallahara in favour of opposite party No.4 vide Annexure-10 to the writ petition and the said opposite party No.4 has joined on 28.06.2023 Page 7 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 8 // as Anganwadi Worker at Kurumula Anganwadi Centre and working as such since then. COURT’S REASONING AND ANALYSIS: 21. The Sub-collector has appeared before this Court. He has clarified that due to the educational qualification mentioned as +2 pass instead of 12th standard at Serial No.3 in the Advertisement No.239 dated 27.3.2023, the Chairman Selection Committee-cum-Sub-Collector, Pallahara cancelled the said advertisement vide order No.311 dated 17.04.2023 and further directed to publish fresh advertisement for the aforesaid purpose vide Annexure-4 to the writ petition. 22. Pursuant to the above order, a fresh advertisement vide Notification No.346 dated 1.5.2023 was published by the deponent for engagement of Anganwadi Worker at Kurumula Anganwadi Centre. 23. Pursuant to the said advertisement, 13 (thirteen) numbers of applications/candidatures were received and out of which 3 (three) numbers applications were rejected as they were not coming under the service area and 10 (ten) numbers of applications was found eligible. 24. Thereafter, notices were issued to the applicants for inviting objections, if any vide Notification No.455 dated 30.05.2023 by the Selection Committee. After verification Page 8 of 9 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 // 9 // of documents, Nandini Naik secured highest mark in her favour. 25. From the conspectus of factual matrix, this court is unable to accede to the submission of the petitioner. 26. In light of the aforesaid discussion and having regard to the present position of law, this Court is not inclined to interfere in this matter. This writ petition is hereby dismissed. (Dr.S.K.Panigrahi) Judge LB Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 09-Sep-2023 17:04:18 Page 9 of 9