CHARULATA BEHERA versus PRAVATI PARIDA & ORS.

CHARULATA BEHERA versus PRAVATI PARIDA & ORS.

Appointment of respondent no.1 was illegal as she did not have the eligibility qualification for appointment to the post; Division Bench erred in allowing writ appeal on technicalities without examining relevant eligibility facts; appellant's appointment revived.

Parties
Appellant: Charulata Behera; Respondent No.1: Pravati Parida; Respondent No.3: Sub-Collector, Khurda; Respondent No.4: Child Development Project Officer
Jurisdiction
India
Judgment Date
30 January 2015
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 18.07.2011 of the High Court of Orissa at Cuttack in W.a. No. 430 of 2010
Outcome
Appeal allowed
Legal Topics
Appointment of Anganwadi Worker, Eligibility for Appointment, Exercise of Writ Jurisdiction, Perpetuation of Illegality
Service Law Constitutional Law Appointment of Anganwadi Worker Eligibility for Appointment Exercise of Writ Jurisdiction Perpetuation of Illegality

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Parties

Charulata Behera

Appellant

Pravati Parida

Respondent No.1

Sub-Collector, Khurda

Respondent No.3

Child Development Project Officer

Respondent No.4

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 18.07.2011 of the High Court of Orissa at Cuttack in W.a. No. 430 of 2010

Legal Issues

  1. 1 Whether the Division Bench should have allowed the writ appeal only on technicalities when respondent no.1 lacked the basic eligibility for engagement as Anganwadi Worker for the centre

Ratio Decidendi

Appointment of respondent no.1 was illegal as she did not have the eligibility qualification for appointment to the post; Division Bench erred in allowing writ appeal on technicalities without examining relevant eligibility facts; appellant's appointment revived.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the Division Bench dated 18.07.2011 set aside
  • Writ petition preferred by respondent no.1 dismissed