Orissa High Court
Sujata Digal vs State Of Odisha on 12 May, 2025
ORISSA HIGH COURT : CUTTACK
WA No.2843 of 2024
In the matter of an Appeal under Article 4 of
the Odisha High Court Order, 1948
read with
Clause 10 of the Letters Patent constituting
the High Court of Judicature at Patna
and
Rule 6 of Chapter-III and Rule 2 of Chapter-VIII
of the Rules of the High Court of Odisha, 1948
***
Sujata Digal Aged about 34 years Wife of Kirti Kumar Behera Resident of Village/P.O.: Pandrabadi P.S.: Khajuripada.
District: Kandhamal. ... Appellant
-VERSUS-
1. State of Odisha
Represented though
The Commissioner-cum-Secretary to Government Women & Child Development Department Lokaseva Bhawan, Bhubaneswar District: Khordha.
2. Collector, Khandhamal At/P.O./District: Kandhamal.
3. Additional District Magistrate Khandhamal, Phulbani WA No.2843 of 2024 Page 1 of 23 At/P.O.: Phulbani District: Kandhamal.
4. District Social Welfare Officer, Khandhamal At/P.O.: Phulbani, District: Kandhamah
5. Sub-Collector, Phulbani At/P.O.: Phulbani, District: Kandhamal.
6. Child Development Project Officer Khajuripada, At/P.O./P.S.: Khajuripada District: Kandhamal.
7. Subhasmita Kanhar Aged about 23 years Wife of Ramesh Chandra Kanhar Village: Padhanpada P.O.: Adasipada, P.S: Khajuripada District: Kandhamal. ... Respondents.
Counsel appeared for the parties:
For the Appellant : Mr. Chandrakanta Nayak, Advocate For the Respondents : Mr. Bimbisar Dash, Nos.1 to 6 Additional Government Advocate For the Respondents : Mr. Bimbisar Dash, Nos.1 to 6 Additional Government Advocate P R E S E N T:
HONOURABLE CHIEF JUSTICE MR. HARISH TANDON AND HONOURABLE JUSTICE MR. MURAHARI SRI RAMAN WA No.2843 of 2024 Page 2 of 23 Date of Hearing : 06.05.2025 :: Date of Judgment : 12.05.2025 J UD G M EN T BY THE BENCH.--
The instant appeal is directed against the judgment and order dated 13th September, 2024 passed by the single Bench in W.P.(C) No.25094 of 2023 and W.P.(C) No.8807 of 2022 in allowing the writ petitions filed by respondent No.7 whereunder the order dated 17th June, 2022 passed by the Additional District Magistrate (ADM), Kandhamal, Phulbani in Anganwadi Appeal filed by the appellant was quashed and a direction was passed upon the authority to issue the order of engagement in favour of respondent No.7 within a month from the date.
2. Shorn of unnecessary details, pursuant to the advertisement published by the Child Development Project Officer, Khajuripada (for short, "CDPO") on 30th June, 2021 inviting the application from the intending Scheduled Tribes ("ST") candidates for engagement as Anganwadi Workers in five different Anganwadi Centers which includes Pandrabadi (inadvertently mentioned as "Pandrapada" in the impugned judgment) Anganwadi Center, respondent No.7 offered her candidature as ST candidate belonging to a nearby village. The CDPO did not find any ST candidate living within the aforementioned Anganwadi Centre service area and WA No.2843 of 2024 Page 3 of 23 selected respondent No.7 by including her name in the select list published on 10th August, 2021. Despite the selection of respondent No.7 and including her name in the select list, the appointment letter was not issued in her favour although the appointment letters were issued in respect of other Anganwadi Centers. The said respondent No.7 approached the District Social Welfare Officer (DSWO) as well as the Collector by making a representation on 20th September, 2021. But, the same was kept in suspended animation as no action was taken thereupon. Respondent No.7 thereafter approached this Court by filing a writ petition being W.P.(C) No.31889 of 2021 which was disposed of directing the Collector, Kandhamal to consider the representation in accordance with law within a stipulated time. In compliance of the said direction passed by this Court in the aforementioned writ petition, the Collector invited the CDPO to submit the parawise comments on the grievance so raised by respondent No.7. The CDPO communicated that though respondent No.7 was selected, but do not belong to the service area of the Anganwadi Center, for which her name is included in the select list and several complaints were received from the villagers in this regard and precisely for such reasons, the appointment letter could not be issued.WA No.2843 of 2024 Page 4 of 23
2.1. The Collector proceeded to rely upon the Guidelines issued by the Government on 2nd May, 2007 as amended from time to time and arrived at the conclusion that in terms of the amended Guidelines in respect of Tribal Sub Plan Area, only ST candidate would be eligible to apply and in the event no such ST candidate is found, then it shall be open to a Scheduled Caste (SC) candidate. It was further opined that in the event no women is found eligible from the service area of the concerned Anganwadi Center, then the women from the other part of the same village as well as the Gram Panchayat would be considered. In view of such anomalies having detected, the Women and Child Development Department of the Government of Odisha was approached by the DSWO, but till date there is no response given in this regard. However, the Collector proceeded to dispose of the said representation withholding the appointment of respondent No.7 to be within the said Guidelines and no ambiguity can be attached thereto. Respondent No.7 challenged the said order of the Collector by filing the writ petition. Amidst the pendency of the said writ petition, on the basis of the complaint made by the appellant before the ADM, the complaint case which was registered as M.C. No.1 of 2021 (A.W. Appeal), a final order was passed on 17th June, 2022 quashing the advertisement dated 30th June, 2021 with categorical finding that in the event the ST WA No.2843 of 2024 Page 5 of 23 candidates are not found within the service area of the Anganwadi Center, the CDPO must invite the application from the SC candidates in terms of the said Guidelines dated 2nd May, 2007 as amended from time to time.
Respondent No.7 challenged the said order of the ADM, Kandhamal in W.P.(C) No.25094 of 2023 impleading the appellant as party therein. The appellant was invited to file counter affidavit which in fact was filed taking a specific plea that in terms of the said Guidelines, in the event the eligible ST candidates residing within the area of the Anganwadi Center is not found, the engagement should have been done with the SC candidate and the appellant having belonged to SC residing within the area of the Anganwadi Center is eligible for engagement and, therefore, there is no illegality and/or infirmity in the order of the ADM in quashing the advertisement dated 30th June, 2021.
2.2. On the conspectus of the aforesaid facts, the single Bench proceeded to dispose of three writ petitions concerning different Anganwadi Centers, but we are concerned with the Pandrabadi Anganwadi Center and, therefore, need not venture to consider the other writ petitions, which is not subject matter in the instant writ appeal.
2.3. The single Bench held that the writ petitioner, respondent No.7 herein belong to ST and applied for in WA No.2843 of 2024 Page 6 of 23 terms of the advertisement dated 30th June, 2021 and, therefore, the appellant who never applied in terms of the said advertisement cannot claim any right nor can challenge the advertisement after the engagement of some of the candidates in three Anganwadi Centers. The single Bench further proceeded to hold that the ADM, Kandhamal was not a competent authority to quash and set aside the advertisement in terms of the Guidelines and, therefore, such order is per se without jurisdiction and, therefore, cannot be permitted to occupy the space in the administrative field.
3. The counsel for the appellant is very much vocal in his submission that Guidelines dated 2nd May, 2007 as amended from time to time clearly stipulates that in all Tribal Sub Plan areas, only ST candidate will be selected as an Anganwadi Worker and in the event no suitable ST candidate is available in the said Anganwadi Center area then it may be made open to an SC candidate also and, therefore, the authorities cannot travel beyond to engage the ST candidate who is not residing within the Anganwadi Center area, but should have taken recourse to the engagement with the SC candidate who is resident of the said Anganwadi Center area. It is further submitted that there is no infirmity and/or illegality in the order of the ADM, Kandhamal in quashing and setting aside the said advertisement being violative of the WA No.2843 of 2024 Page 7 of 23 said Guidelines and, therefore, the single Judge wrongly interpreted the said Guidelines that the ST candidate belonging to a nearby village or a resident of the Gram Panchayat may be appointed. It is further submitted that the decision of the ADM does not invite any interference being a competent authority under the said Guidelines dated 2nd May, 2007.
4. On the other hand, learned counsel for respondent No.7 vociferously submits that there is no infirmity and/ or illegality in the decision of the single Bench in holding that the ADM, Kandhamal is not competent to decide the complaint regarding the selection of the Anganwadi Worker for tribal and rural projects and the order of the single Bench does not warrant any interference.
4.1. On the backdrop of the aforesaid submissions advanced before us, we feel it prudent to recapitulate the various provisions of the Guidelines dated 2nd May, 2007. The said Guidelines was issued by the Government for selection and engagement of Anganwadi Workers in different areas where the Anganwadi Centers have been set up with an avowed object of spreading awareness amongst the people of the area with regard to the benefits of the schemes floated by the Government. The said Guidelines stipulates that the selection of the volunteers to work as Anganwadi Worker is necessary for each village/Anganwadi Center area by engaging the WA No.2843 of 2024 Page 8 of 23 women residing in the said village/Anganwadi Center area. The said Guidelines further indicates the age group of the female candidate with requisite educational qualifications and their suitability and eligibility shall be determined on the basis of the percentage of marks obtained in the matriculation examination together with the preferential additional percentage be given to a category of the persons including the ST/SC candidates in rural and urban areas. Initially, the ST/SC candidates are required to be selected as Anganwadi Worker having the requisite educational qualification as provided in Paragraph 3 of the said Guidelines in respect of a scheduled area with a rider that in the event no suitable ST/SC candidate is available in the area of the Anganwadi Center, then the suitable ST/SC candidates will be selected from the same Gram Panchayat. Subsequently, the Government partially modified the said revised Guidelines vide circular No. IV-ICDS-1- 84/89-82/ WCD, dated 4th January, 2010 by appending two sub-paragraphs to Paragraph 3 in the following:
"Para-3(a) of the Revised Guidelines referred to above.
In PTG areas the female candidate who has the highest qualification from among the applicants for each Anganwadi centre area may be selected as Anganwadi Worker. In case there are more than one candidate with same qualification the person who is senior in age may be selected.WA No.2843 of 2024 Page 9 of 23
Para-3(b) of the Revised Guidelines In all Tribal Sub Plan (TSP) Areas only ST candidates will be selected as Anganwadi Workers. In case no suitable ST candidate is available in the AWC area then it may be made open to SC candidates also."
4.2. The cumulative effect of Paragraph-3 with sub-
Paragraphs subsequently inserted by partial modification of the said Guidelines manifestly indicates that in all Tribal Sub Plan areas, the Anganwadi Worker belonging to ST category will be selected and in the event, no suitable ST candidate is available in the Anganwadi Center area, it may be made open to the SC candidate also. A conjoint reading of the same leads no ambiguity that though the engagement of the Anganwadi Worker in Tribal Sub Plan Areas is restricted to the ST candidate residing within the Anganwadi Center Area, in the event no suitable ST candidate is available therein, it may be open to an SC candidate being a resident of the said Anganwadi Center Area. It thus does not permit the ST candidate belonging to other Anganwadi Center Area to be engaged depriving the SC candidate of the said Anganwadi Center Area. Any other interpretations would lead to frustrate the very core object of incorporating such modification brought through a circular dated 4th January, 2010. There is no incongruity in the manifest intention of the Government in putting the requisite criteria in selection of the Anganwadi Worker in the WA No.2843 of 2024 Page 10 of 23 Tribal Sub Plan area until the further modification is brought by virtue of a circular dated 9th April, 2010.
4.3. Though the circular dated 9th April, 2010 is restricted to Paragraph 1 of the said Guidelines,1 dated 02.05.2007, the same is being interpreted to have an overriding effect on Paragraph 3 (b) of the said Guidelines. Although it is indicated that in case no woman is found eligible having a resident in the service area, then the women from the other parts of the same village may be considered or in the eventuality, no woman is found in the other part of the same village, the women from the other village of the same Gram Panchayat may be considered, but the moment specific provision relating to the engagement of the Anganwadi Worker in Tribal Sub Plan area is retained and not modified, it has to be construed in a pragmatic manner to make both the provisions workable.
4.4. It is no longer res integra that the Guidelines, which has statutory flavor, should be interpreted in harmonious manner so that it does not destroy the very fabric 1 Paragraph 1 of Guidelines, dated 02.05.2007 stands as under:
"Applications for selection of Volunteers to work as Anganwadi Workers will be invited for each village/Anganwadi Center area from women residing in the said village/Anganwadi Center Area."
By virtue of Circular in Letter No.IV_ICDS-7079/WCD, dated 09.04.2010, the following modification is made in the Revised Guidelines, dated 02.05.2007 for selection of Anganwadi Workers:
"In case no woman is found eligible from those residing in the service area then women from other parts of the same village will be considered. If no women is found eligible from the village then women from other villages of the same Gram Panchayat will be considered."WA No.2843 of 2024 Page 11 of 23
thereof. The canon of interpretative tools does not warrant any interpretation which would render the different provisions of the statue or the statutory document to an unworkable situation, but should complement each other. Once a specific provision is restricted to a specific eventuality, the omnibus provisions must pave way to operate in such eventuality. The modification brought in Paragraph 1 is of general nature and would apply in a situation where the applicability of the specific provisions could not be made or despite efforts having made could not find the suitable candidates. The proper interpretation of the said modifications as envisaged is explicit to the extent that in case of engagement of an Anganwadi Worker in an Tribal Sub Plan area, the ST candidate should be engaged belonging to the said Anganwadi area and in the event, it is not so found the SC candidate of the same Anganwadi area may be engaged and, in the event, both the eventualities are not available, the said modified Paragraph 1 gets activated.
5. On perusal of records of the writ petition, it is found that the respondent No.7 has questioned the order dated 17.06.2022 passed by the Additional District Magistrate. Randhamal, Phulbani in M.C. No. 1/2021 (A.W. Appeal) by holding that the advertisement No.359 dated 30.06.2021 published by C.D.P.O., Khajuripada, WA No.2843 of 2024 Page 12 of 23 whereby the said advertisement was quashed by holding that applications from SC candidates should also have been invited.
5.1. The ADM after receipt of petition of the appellant-Sujata Digal, a case was registered on 07.10.2021 and after hearing the appellant/her representative, a decision was taken vide order dated 17.06.2022 by returning finding that there are 77 families in Pandrabadi village out of which only 3 families belong to ST category and the rest belong to SC category. The appellant-Sujata Digal belongs to SC community and having certificate of IGNOU in the Child Food Nutrition with B.A. qualification but was deprived of to compete for the post of Anganwadi Worker due to the flawed Advertisement published inviting applications from persons belonging to ST community only. Upon referring to relevant paragraphs of the Guidelines, as amended, the advertisement, dated 30.06,2021 did not find favour with in absence of inviting applications from persons belonging to SC community. Since said advertisement is not in consonance with the Revised Guidelines of 2007, as amended from time to time, allowed the appeal of the instant appellant. As is manifest from the order of the ADM is that he had heard and disposed of MC No.1 of 2021 (Anganwadi Appeal) on receipt of complaint.
WA No.2843 of 2024 Page 13 of 235.2. It is not in dispute and apparent from document at Annexure-13 that 121 places are identified to come within the fold of the Tribal-Sub Plan (TSP) areas in the State of Odisha, and out of them in the district of Kandhamal, three Blocks namely Phulbani, Phiringia and Khajuripada, are stated to be under Tribal Sub Plan Areas. Therefore, it is contended by the appellant that both ST & SC candidates should have been invited to participated in the selection process of Anganwadi Worker.
5.3. Reading of Judgment of learned Single Judge it transpires that he has proceeded as if ADM has exceeded his jurisdiction to decide the complaint inasmuch as he is not vested with the power to seize the complaint regarding selection of Anganwadi Worker with respect to Tribal Sub Plan. The relevant portion of the judgment is quoted hereunder:
"10. *** In this regard, it would be apt to refer to the revised guidelines dated 02.05.2007 issued by the Government in W&CD Department wherein, under the heading "Procedure", the provision of appeal has been mentioned. The relevant clause is extracted here in below:
'(i) Sub-Collector will be the appellate authority for hearing complaints regarding selection of Anganwadi Workers for tribal and rural projects and Addl. District Magistrate will WA No.2843 of 2024 Page 14 of 23 be the appellate authority for complaints regarding selection of Anganwadi Workers for urban projects. Collector shall be the appellate authority in case Sub-Collector/ADM have approved the selection as per para 'g' and 'h' above.'
11. On a plain reading of the aforequoted provision. it is clear that only complaints regarding selection of candidates as Anganwadi Workers can be considered by the ADM as the appellate authority.
No further power is conferred on the ADM. What the ADM has done in the present case is to far exceed his brief by invalidating the selection process itself."
5.4. What could not be placed before the learned Single Judge as it appears from cursory reading of the judgment impugned is the amendment to the Guidelines dated 02.05.2007 carried out in Circular vide Letter No.IV-ICDS-I-11/09 (Pt.)/4842/WCD, dated 02.03.2010, which reads as follows:
"Women and Child Development Department No. IV-ICDS-1-11/09 (PT) / 4842 / WCD, Dated 02.03.2010 From Smt Sujata Karthikeyan, IAS Director, Social Welfare To All Collectors.
Sub: Sub-Collector as the Chairman of the Selection Committee for the selection of Anganwadi Workers WA No.2843 of 2024 Page 15 of 23 both for Rural / Tribal and Urban Projects-- Modification.
Madam / Sir, I am directed to bring to your kind notice that after careful consideration, Government have been pleased to appoint Sub-Collector as the Chairman of the Selection Committee for the selection of Anganwadi Workers both for rural/tribal and urban projects in place of Chairperson/Vice-Chairperson of the Panchayat Samiti / Municipality in case of rural tribal projects and urban projects respectively.
Further, in view of the above modifications.
(i) Para (g) of the revised guidelines for selection of Anganwadi Workers dated May 2, 2007 stands deleted.
(ii) Para (h) partially modified as stated above.
(iii) ADM will be the appellate authority for hearing complaints regarding selection of Anganwadi Workers for tribal and rural projects and urban projects.
Rest of the procedure and criteria for selection of Anganwadi Workers remains the same.
This comes into force with immediate effect.
Sd/-
Director, Social Welfare"
5.5. From the above modification to the Guidelines of 2007, it is crystal clear that the ADM is empowered to hear the WA No.2843 of 2024 Page 16 of 23 complaints regarding selection of Anganwadi Workers inter alia for tribal projects. There is no dispute that the present case relating to publication of advertisement No.359, dated 30.06.2021 is with respect to appointment of vacant posts of Anganwadi Workers pertaining the Tribal Sub-Plan Area. Therefore, this Court is not one with the view expressed by the learned Single Judge.
5.6. Having held so, in terms of paragraph 3(b) of the amended Guidelines, 2007 in the present case ST candidate could have been selected and in absence of suitable ST candidate available in the Anganwadi Center Area, an SC candidate was to be selected. Since the Advertisement is confined to invitation of application for the post of Anganwadi Workers belonging to ST community, the same is found to be incongruous with the amended clause in the year 2010.
5.7. Article 162 of the Constitution of India in unequivocal terms provides that the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws. Such executive powers having regard to the rule of executive business are framed in terms of Article 166. Clause (3) of Article 166 empowers the Government to make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among WA No.2843 of 2024 Page 17 of 23 Minister of the said business insofar as it is not business with respect to which the Governor is by or under the Constitution required to act in his discretion. When the memorandum is issued in the name of Governor, and there is no dispute that it was authenticated in terms of clause (2) of Article 166 of the Constitution, the power so exercised by the State would be under the provisions of the Act. The said order is to remain in force till rules are framed in the prescribed manner. The State for giving effect to the provisions of the statute may upon itself take the burden of providing for certain things in exercise of its power under Article 298 or Article 162 of the Constitution of India. Where executive power impinges upon the rights of citizens, it will have to be supported by an appropriate law. Where a statute confers powers on an authority to do certain acts or exercise power conferred by the statute, it does not depend on the existence of rules, unless the statute expressly and unconditionally conferred the same. In other words, framing of the rules is not a condition precedent to the exercise of power expressly and unconditionally conferred by the statute. The expression 'subject to rules' only means in accordance with the rules, if any. If rules are framed, the powers so conferred on authority could be exercised in accordance with these rules. But if no rules are framed there is no void and the authority is not precluded from exercising the power WA No.2843 of 2024 Page 18 of 23 conferred by the statute. [Reference can be had to T. Cajee Vrs. U. Jormanik Siem, AIR 1961 SC 276 = (1961) 1 SCR 750; Surinder Singh Vrs. Central Government, (1986) 4 SCC 667; Jantia Hill Truck Owners Association Vrs. Shailang Area Coal Dealer and Truck Owner Association, (2009) 8 SCC 492. The circulars issued in exercise of statutory powers are binding on the department, but it would be binding so long as the circulars are in operation and it holds the field. See, UCO Bank Vrs. CIT, (1999) 237 ITR 889 (SC); Steel Authority of India Vrs.
Collector of Customs, Bombay, (2000) 115 ELT 42; Paper Products Ltd. Vrs. Commissioner of Central Excise, (2001) 247 ITR 128 (SC); Collector of Central Excise Vrs. Dhiren Chemical Industries, (2002) 126 STC 122 (SC) = (2002) 254 ITR 554 (SC); Union of India Vrs. Azadi Bachao Andolan, (2003) 263 ITR 706 (SC) = (2003) 1 RC 742 (SC); Balaji Computers Vrs. State of Karnataka, (2006) 147 STC 269 (Kar); Union of India Vrs. Arviva Industries (I) Ltd. Vrs. (2007) 209 ELT 5 (SC); State of Kerala Vrs. Kurian Abraham Pvt. Ltd., (2008) 13 VST 1 (SC).
5.8. This Court may benefit having regard to the following dicta laid down in A.B. Krishna Vrs. State of Karnataka, reported in (1998) 3 SCC 495, paragraph 8:
"*** As a matter of fact, under the scheme of Article 309 of the Constitution, once a legislature intervenes to enact a law regulating the conditions of service, the power of the WA No.2843 of 2024 Page 19 of 23 Executive, including the President or the Governor, as the case may be, is totally displaced on the principle of "doctrine of occupied field". If, however, any matter is not touched by that enactment, it will be competent for the Executive to either issue executive instructions or to make a rule under Article 309 in respect of that matter."
5.9. Taking cue from the above principles it may give rise to decide whether the advertisement is fundamentally defective going to the root of the matter as the appellant had no occasion to participate in response to the Advertisement dated 30.06.2021. Since said Advertisement invited applications from candidates belonging to ST community, it is only when no ST candidate was found available in the service area of the Pandrabadi Anganwadi Center, the person like the appellant who belongs to SC community sought to question the validity of the advertisement in terms of amended paragraph 3 of Guidelines, 2007 by virtue of Circular dated 04.01.2010. In the considered opinion of this Court, the CDPO while publishing aforesaid advertisement could not act contrary to the Guidelines as amended from time to time and thereby the invitation of application could not be restricted to candidates belonging to ST community only.
5.10. This Court derives conceptual understanding regarding the effectiveness of above Guidelines of the Government WA No.2843 of 2024 Page 20 of 23 from the following observation contained in PEPSU Road Transport Corporation Vrs. Mangal Singh, (2011) 6 SCR 564 = 2011 INSC 387:
"16. It is well settled law that the Regulations made under the statute laying down the terms and conditions of service of employees, including the grant of retirement benefits, has the force of law. The Regulations validly made under statutory powers are binding and effective as the enactment of the competent legislature. The statutory bodies as well as general public are bound to comply with the terms and conditions laid down in the Regulations as a legal compulsion. Any action or order in breach of the terms and conditions of the Regulations shall amount to violation of Regulations which are in the nature of statutory provisions and shall render such action or order illegal and invalid."
5.11. It is evident from the above discussion that the ADM is conferred with the powers to take a decision on the complaint filed in relation to a selection of Anganwadi Worker for tribal and rural projects. In the instant case, the appellant is aggrieved by the engagement of respondent No.7, who does not belong to Anganwadi Center Area relating to Tribal Sub Plan.
6. With the delineated legal perspective and keeping abreast of modifications made to the Revised Guidelines, dated 02.05.2007, the ADM is the competent authority to decide the complaints filed in relation to a selection of WA No.2843 of 2024 Page 21 of 23 an Anganwadi Worker in the said area. The ADM having exercised jurisdiction in tune with the said Guidelines, no fault in factual finding made with respect to incongruous advertisement published by the CDPO could be imputed. The administrative authority derives powers and jurisdiction under the statutory documents and having not transcended the boundaries thereof, this Court finds infirmity in the decision of the learned Single Judge.
6.1. We, thus, find error in the portion of the impugned judgment and order wherein it is held that the ADM is incompetent to quash and set aside the advertisement in relation to the Anganwadi Center within the Tribal Sub Plan area.
6.2. Having come to such conclusion that the ADM was competent to hear complaints with respect to Tribal Sub Plan in relation to selection of Anganwadi Workers, we, therefore, cannot overlook the fact that there has been an apparent violation of the mandates given in the said Guidelines and, therefore, the technicalities if pitted against the substantial justice, the latter must prevail. The moment we find that the engagement of respondent No.7 is in violation of Paragraph-3(b) of the said Guidelines, we could not persuade ourselves to accede to the ultimate direction passed by the learned single Bench in directing the authorities to issue the letter of WA No.2843 of 2024 Page 22 of 23 engagement to respondent No.7. Such portion of the impugned judgment and order needs interference and, therefore, is quashed and set aside.
6.3. Since the entire selection is vitiated, the authorities are directed to make a fresh publication/advertisement for engagement of the Anganwadi Worker in Pandrabadi Anganwadi Center strictly in terms of the Paragraph 3(b) of the said Guidelines and in the event, suitable candidates are not found, the engagement shall be made taking into consideration the modified Paragraph 1 of the said Guidelines. The entire exercise has to be completed within three months from the communication of this judgment and order.
7. The writ appeal is accordingly disposed of. No order as to costs. All the pending interlocutory applications, if any, stand disposed of accordingly.
(HARISH TANDON) CHIEF JUSTICE (MURAHARI SRI RAMAN) JUDGE Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2025 11:40:25 High Court of Orissa, Cuttack The 12th May, 2025// S.K. Guin/PA WA No.2843 of 2024 Page 23 of 23