Answer By law4u team
General Legal Position Appointment to Anganwadi posts is governed by State Government rules and guidelines issued under the ICDS Scheme. Courts have consistently held that if an appointment is made illegally by ignoring merit and later discovered (even after many years), the candidate who was wrongly denied has a right to challenge it. However, the doctrine of delay and laches also applies. A court may refuse to interfere if the challenge is made after an inordinate delay, unless fraud is proved. Your Case Since you have discovered through RTI that you were first in the selection list and a lower-ranked person was appointed, this amounts to fraudulent or illegal appointment. Fraud vitiates everything. The Supreme Court has repeatedly held that in cases of fraud, the bar of limitation or delay is not strictly applied. You can approach the High Court of Orissa under Article 226 of the Constitution seeking: cancellation of the illegal appointment, your appointment in accordance with the selection list, and consequential benefits (though full back wages for 16 years may not be granted). Chances of Success If you can establish that the appointment was made by manipulation or fraud, the High Court may set aside the illegal appointment even after 16 years. Relief may be prospective appointment only (not retrospective), because the appointee has already served long. The court may also consider equity and balance between your right and the long service of the appointee. Conclusion Yes, you can succeed in the High Court if fraud in appointment is proved. But you may get relief only of appointment now, not full benefits for the past 16 years.
