KANCHANMANI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The subject matter of assailment in the instant appeal is the judgment and order dated 5.9.2014 passed in W.P. (C). No. 1905 of 2012 setting at naught the appointment of the present appellant as Anganwadi Worker of Batapada Anganwadi Centre at the instance of the present respondent No. 5.

(2.) We have heard Mr. Milan Kanungo, learned counsel on behalf of the appellant.

(3.) Facts in brief are that an advertisement was published on 30.07.2007 initiating the process for appointment, amongst others, to the above post, to which the appellant and the respondent No. 5 along with other candidates offered their candidature. The process was to be governed by a set of guidelines dated 2.5.2007 formulated for the said purpose. In the scrutiny that followed, the appellant was found to have secured highest marks and the respondent No. 5, second highest marks. Prior thereto, the Government of Odisha in the Women and Child Development Department did issue a letter dated 17.10.2007 to all the Collectors through its Commissioner-cum-Secretary, revising its earlier circular/guidelines dated 2.5.2007, by providing preferential marks to the effect that if the candidate was an ECCE Worker under the Sarba Sikhya Abhiyan/NPEGEL, she would be entitled to 5 marks per year of service rendered with a ceiling of 15 marks. This letter, however, did not indicate that it would apply to the selection process already underway. Be that as it may, the appellant herein was extended the benefit thereof and she was awarded marks as contemplated in the revised guidelines dated 17.10.2007 for which, she secured the highest marks over the respondent No. 5.