CHARULATA BEHERA Vs. PRAVATI PARIDA

JUDGEMENT

(1.) Heard the parties. Leave granted.

(2.) The appellant as well as respondent no.1 applied in response to an advertisement dated 02.02.2009 for engagement as Anganwadi Worker for Urumukhi-3 Anganwadi Center, Bhushandpur, Tangi, Odisha. She is aggrieved by the judgment under appeal dated 18.07.2011 whereby the Division Bench of Orissa High Court set aside the order of a learned Single Judge of the High Court dated 09.08.2010. The effect of the impugned order/judgment is to allow the writ petition preferred by respondent no.1 and as a result selection and appointment of the appellant stands set aside and instead respondent no.1 has been appointed as Anganwadi Worker for the concerned centre.

(3.) The moot question to be answered in this appeal is whether the Division Bench should have allowed the writ appeal only on technicalities and on the basis of certain orders passed earlier when on facts there was no ambiguity that respondent no.1 was not a resident of the concerned centre and hence lacked the basic eligibility for engagement as Anganwadi Worker for the centre.