ANJALI PRADHAN Vs. SUB-COLLCTOR PALLAHARA

JUDGEMENT

(1.) THE petitioner in this writ petition has assailed the legality of order dated 31.3.2010 passed by Sub-Collector,Pallahara in Misc.Appeal Case No.7 of 2009.

(2.) PURSUANT to advertisement dated 12.2.2009 issued by the opposite party no.3-C.D.P.O., Pallahara petitioner, opposite party no.4 and another submitted applications along with requisite documents for engagement as Anganwadi Worker ( for short 'A.W.W.') of BarakalapalDangamanga Anganwadi Centre (for short, 'A.W.C.') of Pallahara block inthe district of Angul. After verification of applications and documents,candidature of opposite party no.4 and the petitioner only were found tobe valid. Accordingly, notification dated 8.6.2009 was issued notifyingnames of applicants and inviting objections. In response to thenotification, objection was received against candidature of the petitioneron the ground that she is a resident of village Godaramunda which is notincluded within the operational area of the A.W.C. An enquiry wasconducted on the objection and report was submitted to the oppositeparty no.1-Sub-Collector, Pallahara for information and necessary action.Considering the relevant merits of the two candidates and report of theCommittee, petitioner was engaged as A.W.W. by order dated 9.10.2009which was assailed by the opposite party no.4 in Misc.Appeal No.7 of 2009impleading the petitioner as opposite party no.2 mainly on the groundthat she does not reside within the service area of BarakalapalDangamanga A.W.C.. By the impugned order petitioner's selection asA.W.W. was declared void. Operative portion of the impugned order reads:

(3.) THEREFORE, the Sub-Collector had not authority to entertainthe appeal in which selection of the petitioner as A.W.W. wasassailed. Exercise of the authority by the Sub-Collector is in contraventionof the guidelines and against the principles of natural justice. Theimpugned order is not sustainable.