KABERI BEHERA Vs. STATE OF ORISSA
LAWS(ORI)-2021-3-11
HIGH COURT OF ORISSA
Decided on March 09,2021

Kaberi Behera Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

B.R. Sarangi,J. - (1.) Kaberi Behera, who was a candidate for selection of Anganwadi Helper, has filed this writ petition to quash the order dated 21.09.2010 passed by the Additional District Magistrate, Puri in Anganwadi Misc. Case No. 2 of 2010, as well as the engagement order issued in favour of opposite party no.5-Mitanjali Swain, and further seeks for a direction to opposite parties no. 1 to 4 to give her engagement in the post of Anganwadi Helper of Torabanga Anganwadi Centre.
(2.) The factual matrix of the case, in hand, is that opposite party no.4, Child Development Project Officer (CDPO), Nimapara issued an advertisement on 18.01.2010 under Annexure-2 regarding selection of Anganwadi Helper in different Anganwadi Centers of Nimapara Gram Panchayat. In the said advertisement, it was indicated to hold Mahila Sabha in all the centers, where intending women candidates were to remain present. It was also indicated therein that the candidate, who intends to apply for the post of Anganwadi Helper, should be a permanent resident of the Anganwadi Centre area, her age should not be less than 18 years as on 01.01.2020, she should have competency to manage the center, she should be liked by the villagers, should be able to read and write and should have shown her interest to work for the women and children of the locality. So far as Torabanga Anganwadi Centre is concerned, the date, time and place were fixed for Mahaila Sabha as 25.01.2010 at 10.00 a.m. in the premises of Torabanga Nilakantheswar Temple of Badasiribula G.P. 2.1 In compliance of notice dated 18.01.2010 under Annexure-2, the petitioner, along with three other candidates, participated in the process of selection for the post of Anganwadi Helper of Torabanga Anganwadi Centre. Out of four candidates, educational qualification of the petitioner being highest, majority of women selected the petitioner to be engaged as Anganwadi Helper. On the scheduled date, time and place though Mahila Sabha was held, result of such meeting was published later on selecting opposite party no.5-Mitanjali Swain and engaging her Anganwadi Worker. Her selection was objected to by local women, who submitted application on 08.03.2010 to the CDPO requesting to stick to the decision arrived at in the meeting. Since the petitioner was selected, she submitted an independent representation on 10.03.2010 before the Collector & District Magistrate, Puri requesting to look into the matter, which was marked to the CDPO for doing the needful, but no action was taken. 2.2 Due to non-consideration of the grievance made by the petitioner, she approached this Court by filing W.P.(C) No. 6970 of 2010, which was disposed of vide order dated 19.04.2010 with a direction that if the petitioner filed a fresh representation along with a copy of the order within two weeks from that day before the Addl. District Magistrate, Puri, the same would be disposed of by the ADM in accordance with law within a period of four weeks from the date of filing of the representation by giving opportunity of personal hearing to the petitioner and the affected parties. In compliance of the same, the petitioner filed a representation before the ADM, Puri, which was registered as Anganwadi Misc. Case No. 2 of 2010. Therein, the ADM issued notice to opposite party no.5 and, by affording opportunity of hearing, passed order impugned dated 21.09.2010 by holding that the petitioner was not diligent enough to find out the real candidate in whose favour appointment order was issued. On the contrary, she moved the High Court impleading Gitanjali Swain as opposite party no.6 in W.P.(C) No. 6970 of 2010, who was not the real candidate. As such, the petitioner was not sincere to implead Mitanjali Swain as an opposite party, after the fact came to her notice to adduce evidence in support of her appointment as Anganwadi Helper in Torabanga Anganwadi Centre under ICDS Project, Nimapara. Thus the appeal filed by the petitioner, having no merit, was rejected. Hence this application.
(3.) Mr. B.B. Biswal, learned counsel for the petitioner argued with vehemence that the petitioner, who sought for engagement as Anganwadi Helper, has got 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 on 25.01.2010 to show favour to Smt. Gitanjali Swain, who has been selected as Anganwadi Helper in respect to Torabanga Ananwadi Centre. Thereby, the entire selection process has to be quashed. Consequentially, rejection of the representation of the petitioner vide impugned order dated 21.09.2010 passed in Anganwadi Misc. Case No. 2 of 2010, which has been passed in pursuance of order dated 19.04.2010 passed by this Court in W.P.(C) No.6970 of 2010, cannot sustain in the eye of law and also engagement order issued in favour of opposite party no.5 should be quashed.;


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