Orissa High Court
Saudamini Sahoo vs State Of Odisha & Others .... Opp. ... on 9 October, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29480 of 2024
Saudamini Sahoo .... Petitioner
Represented by
Mr. B.K. Mohanty, Advocate
-Versus-
State of Odisha & Others .... Opp. Parties
Represented by
Mr. S. Behera,
Additional Government Advocate
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
09.10.2025
Order No.
09. 1. This matter is taken up through hybrid mode.
. 2. The petitioner has approached this Court with the following
prayer.
"Under the circumstances, it is therefore,
humbly prayed that this Hon'ble Court would be
graciously be pleased to admit the writ application
and shall be pleased to issue notice to the Opposite
Parties to file their show cause if the Opposite
Parties fail to file their show cause or file
insufficient caused then shall be pleased to quash
Annexure-4 and to direct the Opposite Parties, the
Opposite Party No.3 in particular, to give
appointment to the petitioner within a time frame
fixed up by this Hon'ble Court at
Khandalsahipatna Anganwadi Center.
And pass any other order/orders
direction/directions as this Hon'ble Court may
deem fit and proper in the facts and circumstances
of the case
And for this act of kindness, the petitioner as in
duty bound shall ever pray."
3. The facts of the case are that on 01.08.2024, an advertisement
was issued by the CDPO, Pattamundai for engagement of
Anganwadi Helper at Khandalsahipatna Anganwadi Center. The
petitioner applied along with other candidates. At the time of
verification of documents only two candidates including the
petitioner were present and produced all their testimonials. The
same were verified and the selection committee found the
petitioner eligible for selection. Accordingly, by notice dated
20.08.2024 objections were invited from the community. It is
stated that no objection whatsoever was submitted against the
proposed selection of the petitioner. While the matter stood thus,
suddenly by order dated 17.10.2024, the advertisement dated
01.08.2024 was cancelled without assigning any reason. Being
aggrieved, the petitioner has filed this writ application.
4. Counter affidavit has been filed by the CDPO, inter alia,
stating that the petitioner had applied pursuant to the advertisement
dated 01.08.2024 by submitting an online application but had not
uploaded +2 mark sheet along with such application. As such, the
selection committee in its decision taken on 17.10.2024, rejected
the petitioner's application and the advertisement was also
cancelled.
5. Heard Mr. B.K. Mohanty, learned counsel for the petitioner
and Mr. S. Behera, learned AGA for the State.
6. Mr. Mohanty would submit that the petitioner had admittedly
enclosed all the testimonials except the +2 mark sheet. She could
not upload the +2 mark sheet because of network connectivity
issues. However, she produced +2 mark sheet during verification,
which was accepted by the selection committee and accordingly
she was selected and objections were invited. At this stage, there
was no justification for cancelling the selection of the petitioner as
well as the advertisement. Mr. Mohanty further submits that even
otherwise, the stand taken by the CDPO in his counter is not
mentioned in the impugned order.
7. Mr. Behera would argue that admittedly the petitioner had not
uploaded the +2 mark sheet at the time of submitting her
application online. As per the guidelines, the +2 marks are relevant
for deciding the inter se merit of the candidates. Since the
petitioner had not uploaded the +2 mark sheet, the same was not in
consonance with the guidelines for which the selection committee
rightly decided to cancel her selection as well as the advertisement.
8. Before delving into the merits of the rival contentions, this
Court observes that the impugned order dated 17.10.2024
cancelling the advertisement dated 01.08.2024 does not mention
any reason whatsoever. A reason has been cited in the counter
affidavit. It is trite that the reason not indicated in the impugned
order cannot be supplied through a counter affidavit which would
amount to improving one's original case. Reference in this regard
may be had to the oft quoted judgment of the Supreme Court in the
case of Mohinder Singh Gill & Another Vs. Chief Election
Commissioner, New Delhi & Others (1978) 1 SCC 405.
9. Even otherwise, this Court finds that in the notice dated
20.08.2024 issued by the CDPO, it is clearly mentioned that of the
two candidates who had appeared for verification of the
testimonials/documents, the petitioner was one and was found to
be suitable. There is no mention that she had not produced her +2
mark sheet at that time. It is also not the case of the State that the
petitioner is not eligible in any manner or that she does not possess
the +2 qualification required for selection as Anganwadi Helper. In
the revised guideline dated 15.03.2023 the modalities for selection
of Anganwadi Helper have been laid down. Paragraph Nos.2(c),
2(d), 2(e), 2(f) and 2(g) as modified vide Letter No.5564 dated
07.03.2024 and which are relevant, provide as follows:-
"2(c) 15 days' time will be given to the candidates to apply to the
ICDS Supervisor of the sector along with the documents in
support of nativity, educational qualification, caste and any other.
The receipt of the application shall be acknowledged by the
CDPO.
2(d) On the 16th day, the CDPO will verify the original
certificates of the applicants in presence of the candidates only
and not in presence of their authorized representatives in the
CDPO's office and will notify the name of the applicants in her
office notice board and the village, GP and Panchayat Samiti/
ULB level. In case of absence of candidates or their authorized
representative, their application will be rejected. In case, office is
closed on the 16th day due to holiday/ natural calamity/ law and
order situation etc., then verification and notification of
application will be done on the next working day.
2(e) 7 days' time will be given for filing of objection, if any, by the
community on the issue of nativity, educational qualification, and
caste certificate.
2(f) The selection committee may take 7 days' time to verify the
objections received.
2(g) After the enquiry into the objection and verification of
documents, the selection committee will give points to all the
eligible candidates as per the criteria spelt out in the guideline.
The committee will finally select the candidate who secures the
maximum points. In case two or more candidates secure same
points, preference will be given to the older candidate. The
committee will notify the candidates selected on the same day in
Panchayat Samiti/ULB and CDPOs office and within 48 hours at
the GP and village level. CDPO is authorized to issue
engagement order in favour of the candidate selected and this
should be issued within 24 hours of the selection of the candidate.
The final select list will remain effective for a period of ninety
(90) days from the date of publication of final select list. If the
candidate scoring the highest mark does not join in the post or
she resigns then the other candidates in the select list will be
engaged sequentially."
10. As already stated, nothing has been placed on record to show
that any objection was received against the proposed selection of
the petitioner. Under such circumstances, there is no justified
reason for the selection committee to reject the
candidature/selection of the petitioner after having itself found the
petitioner suitable for selection. Moreover, no reason, much less
any justified reason is cited for cancelling the entire advertisement.
As such, the impugned order cannot be sustained in the eye of law.
11. For the foregoing reasons therefore, the writ application is
allowed. The impugned order under Annexure-17 is hereby
quashed. The Opposite Party authorities are directed to give effect
to the notification dated 20.08.2024 issued by the CDPO,
Pattamundai in favour of the petitioner by passing appropriate
orders engaging her as Anganwadi Helper of the concerned
Anganwadi Center within four weeks from the date of production
of certified copy of this order by her.
(Sashikanta Mishra)
Judge
Puspanjali
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack.
Date: 13-Oct-2025 17:49:43
