The meaning attached to the word mistake, that it is a misconception or error, which is unilateral or mutual, but it is always unintentional, and when it has been candidly stated that due to hearing. In the present case, it is the supervisor who inadvertently mentioned the wrong name which later corrected by bringing it to the notice. The judgement was passed by the High Court of Orissa in the case of Smt. Kaberi Behera v. State of Orissa and others [W.P.(C) NO. 7021 OF 2011] by Single Bench consisting of Hon’ble Justice B.R.Sarangi.
The petitioner participated in the process of selection for the post of Anganwadi Helper. Among candidates, the educational qualification of the petitioner being highest, majority of women selected the petitioner to be engaged as Anganwadi Helper. Since the petitioner was selected, she submitted an independent representation before District Magistrate, requesting to look into the matter, which was marked to the CDPO for doing the needful, but no action was taken. Due to non-consideration of the grievance made by the petitioner, she approached this Court.
Learned counsel for the petitioner argued with a vehemence that the petitioner, who sought for engagement as Anganwadi Helper, has got a higher qualification in comparison to other candidates whosoever were in the field and also belonged to SC community and, therefore, non-selection of the petitioner as Anganwadi Helper is arbitrary unreasonable and contrary to the provisions of law. It is further contended that a pre-planned and well-prepared resolution was passed to show favour to Smt. Gitanjali Swain, who has been selected as Anganwadi Helper in respect to Torabanga Anganwadi Centre. Thereby, the entire selection process has to be quashed.
Learned counsel for the respondent contended that no candidate named Gitanjali Swain had ever participated in the Mahila Sabha held for selection of Anganwadi Helper in respect to Torabanga Anganwadi Centre. But, due to mishearing by the supervisor, the name of Mintanjali Swain was wrongly written as Gitanjali Swain and, accordingly, the appointment order was issued in the name of Gitanjali Swain. But, when the said mistake was realized, it was rectified subsequently.
While dismissing the petition the court observed that “ mistake is a misconception or error, which is unilateral or mutual, but it is always unintentional, and when it has been candidly stated that due to heard of hearing it is the supervisor who inadvertently mentioned the name of Gitanjali Swain in place of Mitanjali Swain and, as such, there is no such person Gitanjali Swain available in the village, consequentially, the correct name has been indicated as Mitanjali Swain, thereby, no illegality or irregularity can be said to have been committed by the authority by issuing engagement order in favour of Mitanjali Swain, who had secured highest support in the Mahila Sabha to be engaged as Anganwadi Helper in respect of Torabanga Anganwadi Centre.”
