illigal appointment of a anganbadi discovered by RTI after 16 year having I am first rank in selection list can I win in high court of odisha,cuttack.

17-Aug-2025

Civil

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.

Answer By M.srinivasan

Based on legal precedent from the High Court of Odisha and other Indian courts, you have grounds to succeed if you file a writ petition to challenge an illegal Anganwadi appointment discovered via RTI after 16 years—especially if you were ranked first in the selection list and can prove the appointment was made fraudulently or by bypassing merit. Here are the main points: If you were first in the selection list and a lower-ranked candidate was illegally appointed, this amounts to fraud or manipulation in public appointment. The Supreme Court has held that delay in filing can be overlooked if fraud is proved, since fraud vitiates all legal proceedings. You can approach the Orissa High Court under Article 226 of the Constitution, asking for cancellation of the illegal appointment, your own appointment per the selection list, and potential consequential benefits. However, courts may be reluctant to give full back wages or benefits for all 16 years; relief is often prospective. The High Court has previously set aside Anganwadi appointments where the selection was proven to be manipulated or unfair, and ordered fresh selection or appointment from the correct list, particularly when picking and choosing was used to unfairly exclude someone. In another case, it was held that if the first candidate did not join, it was legal to appoint the second candidate from the merit list; however, if you were excluded through manipulation or fraud, this is grounds for legal challenge. If you can convincingly prove that the selection process was bypassed or manipulated and you were entitled to the appointment per the rules, you have a strong chance of the High Court setting aside the previous illegal appointment and ordering your appointment, even if a long period (such as 16 years) has passed. It is essential to gather all documentation showing your rank, the original selection list, RTI replies, and any evidence of fraud or manipulation. You should consult a qualified advocate for drafting and presenting your case. While you may not get retrospective salary for the past 16 years, you are likely to get an order for fresh appointment and possible notional seniority, depending on the court’s view of equity and facts.