JUDGMENT : Sanju Panda, J. - Since both the Writ Petitions involve the same subject matter, they were heard together & are being disposed of by this common order. 2. In W.P.(C) No. 3830 of 2007 challenge has been made by the Petitioner to the Order Dated 14.3.2007 passed by the Deputy Secretary to Government of Orissa, Health & Family Welfare Department in cancelling her selection for opening of a 24 hours medicine shop in the campus of Sura-Divisional Hospital, Udala in, the district of Mayurbhanj whereas in W.P.(C) No. 6369 of 2007, the Petitioner has challenged the decision of fresh publication of advertisement for opening of the said 24 hours medicine shop. 3. The factual background of the case is as follows: In W.P.(C) Nos. 1166 of 2007 & 12117 of 2006 disposed of on 1.2.2007 this Court directed the State Government to take appropriate decision in the matter of selection of 24 hours medicine shop within the campus of sub-Divisional Hospital, udala (second counter) independently without being influenced by the order & by following the guidelines & norms fixed far the selection & the principle of natural justice as expeditiously as possible, preferably within a period of one month from the date of production of the copy of the order by the Petitioner in the respective cases. 4. It may kindly be noted that challenging the selection of Smt. Chinmayee Lenka, one Smt. Anuradha Nayak had earlier filed W.P.(C) No. 10831 of 2006 which was dismissed by this Court on 17.8.2006 with an observation that Petitioner-Smt. Anuradha Nayak may approach the appropriate authority far redressal after grievance. Accordingly, Petitioner-Smt. Anuradha Nayak filed a representation before Opp. Party No. 1 & the matter was enquired into departmentally. 5. Smt. Anuradha Nayak, the Petitioner in W.P.(C) No. 6369 of 2007, had earlier filed W.P.(C) No. 1166 of 2007 challenging the selection of Smt. Chinmayee Lenka (Petitioner in W.P.(C) No. 3830 of 2007) made in pursuance of the advertisement dated 27.11.2004 issued by the Chief District Medical Officer,Mayurbhanj for opening of 24 hours medicine shop in the aforesaid Sub-Divisional Hospital ignoring the guidelines & the norms fixed by the State Government for the said selection. 6. 6. The Government of Orissa, Health & Family Welfare Department in order to facilitate the engagement of unemployed persons who have crossed the age limit for getting Government employment, a scheme was introduced with certain guidelines to determine the eligibility criteria for selection of the persons to open 24 hours medicine shops within the campus of the hospitals & a decision was also taken to open a second counter of 24 hours medicine shops in the Sub-Divisional Hospital, Udala in the district of Mayurbhanj. Accordingly, an advertisement dated 27.11.2004 was published to that effect: The said medicine shop is meant to be run by an unemployed female person. Therefore, the Petitioner-Smt. Anuradha Nayak filed an application in pursuance of the said advertisement. However, her candidature was not considered & Smt. Chinmayee Lenka was selected violating the aforesaid guidelines. She was aged about 24 years at the time of filing of the application though the requirement was, "Young Persons who are just above the maximum age limit admissible for Govt, employment & just below 45 years". Therefore, her selection was challenged before this Court by the two applicants in W.P.(C) Nos. 1166 & 12117 of 2007 & the Order Dated 1.2.2007, referred to above, was passed. 7. Pursuant to the aforesaid direction of this Court dated 1.2.2007, steps were taken by the Government of Orissa, Health & Family Welfare Department to process the file & it was decided to take a decision to cancel the selection of Smt. Chinmayee Lenka due to the manipulation & fraud committed by her in respect of her date of birth mentioned in the HSO certificate which was established in view of the report of the C.D.M.O, Mayurbhanj. The said steps were taken as she had written her date of birth in the application form as "9.4.1971" although the same was mentioned in her HSC certificate as "9.4.1981". However, taking into consideration the elate of birth of Smt. Chinmayee Lenka as 9.4 .1971, she was selected. 8. From the record, it appears that three women applicants including Smt. Anuradha Nayak (Petitioner in W.P.(C) No. 6369 of 2007) were in the list & in comparison of the suitability & eligibility among the said three applicants it was found that one Satyabhama Mantry (SA) was treated as ineligible due to her defective documents/ certificate in support of her date of birth. Therefore, Smt. Anuradha Nayak was recommended for selection since she was found to be senior to Smt. Suchitra Nayak (Pradhan) by one year of age. While the matter stood thus, the Ministry of Health & Family Welfare. Department directed the Director of Health Services to invite fresh proposal for opening of 24 hours medicine shop in the aforesaid Sub-Divisional Hospital. Accordingly, on 14.3.2007 the Deputy Secretary to Government, Health & Family Welfare Department issued a letter regarding cancellation of the earlier allotment order & issuance shop in question. Challenging the said cancellation order, Smt. Chinmayee Lenka has filed W.P.(C) No. 3830 of 2007. 9. We have perused the record, the inquiry report & Ors documents regarding selection for opening of 24 hours medicine shop (second counter) in the Sub-Divisional Hospital, Udala. 10. It is an admitted fact that the date of birth of Smt. Chinmayee Lenka is "9.4.1981" but it was incorrectly taken into consideration as "9.4.1971". Therefore, we are of the view that Smt. Chinmayee Lenka had not fulfilled the criteria stipulated in the guidelines for selection of 24 hours medicine shop & her date of birth was 23 years 7 months . & 18 days at the time of fling of the application. Hence, we are not inclined to interfere with the impugned order cancelling her candidature for opening of 24 hours medicine shop at Sub-Divisional Hospital, Udala. 11. W.P.(C) No. 3830 of 2007 filed by Smt. Chinmayee Lenka is accordingly dismissed. 12. So far as W.P.(C) No. 6369 of 2007 is concerned, from the foregoing paragraphs it appears that Smt. Chinmayee Lenka was selected in pursuance of the advertisement dated 27.11.2004 for opening of 24 hours medicine shop & she was selected on misrepresentation of fact by her regarding the date of birth which was mentioned as "9.4.1971" instead of "9.4.1981". It is the settled principle of law that where an applicant gets an order by making misrepresentation, such order cannot be sustained in the eye of law. Therefore, selection proceeding is vitiated & the same is not sustainable in the civilized system of jurisprudence. 13. In the present case, it is the admitted fact that the selection has been over & the selected candidates has been permitted to open the shop by executing the agreement. Therefore, selection proceeding is vitiated & the same is not sustainable in the civilized system of jurisprudence. 13. In the present case, it is the admitted fact that the selection has been over & the selected candidates has been permitted to open the shop by executing the agreement. Therefore, the contention of the Learned Counsel for the Petitioner that Smt. Chinmayee lenka was selected by making misrepresentation of fact & had the said selection been made properly, the Petitioner would have been selected. Therefore, her candidature for opening of 24 hours medicine shop needs to be considered. It is true that once the selection process is complete, the waiting list becomes meaningless in respect of the selection of candidates to a particular post, as held by the Apex Court in the case of State of Punjab Vs. Raghbir Chand Sharma and Another. In the said case only one post was advertised & the candidate whose name appeared at Serial No. 1 in the select list joined the post, but subsequently resigned. The Court rejected the contention that the post can be filled up offering the appointment to the next candidate in the select list observing as under: With the appointment of the first candidate for the only post in respect of which the consideration came to be made & select list prepared, the panel ceased to exist & has outlived its utility & at any rate, no one else in the panel can legitimately contend that he should have been offered appointment either in the vacancy arising on account of the subsequent resignation of the person appointed from the panel or any other vacancies arising subsequently. 14. However, in the present case, the advertisement was made for opening of 24 hours medicine shop (second counter) & the scheme was to give employment to the unemployed female persons for upliftment of the women in the society & give them some financial independency. Therefore, in such background ; this Court while affirming the cancellation of selection of Smt. Chinmayee Lenka observes that the authority may consider the suitability of Smt. Anuradha Nayak's candidature as she is the next person in the select list for opening of 24 hours medicine shop (second counter) in the Sub-Divisional Hospital, Udala. 15. With the aforesaid directions, the Writ Petitions are disposed of. I.M. Quddusi, A.C.J. I agree