PRANATI MOHAPATRA Vs. ADDL. DISTRICT MAGISTRATE, KHURDA

JUDGEMENT

(1.) The petitioner, by way of this writ petition, seeks to quash the order dated 08.11.2010 at Annexure-4 passed by the Additional District Magistrate, Khurda in Misc. Appeal No.10 of 2010, and issue direction to the opposite parties to engage her as anganwadi worker in respect of Bhimpur Malisahi Anganwadi Centre under Galua G.P. of Banpur Block, by quashing the selection of opposite party no.4.

(2.) The factual matrix of the case, in hand, is that opposite party no.3-CDPO, Banpur issued an advertisement for filling up of the post of anganwadi worker of Bhimpur Malisahi Anganwadi Centre under Galua G.P. of Banpur Block. In response to the said advertisement, the petitioner, along with five others, applied for. The opposite party no.3, after the expiry period as stipulated for receiving application forms, issued call letters on 09.12.2009 to all the candidates to appear in the interview scheduled to be held on 22.12.2009. The final result of such selection was published on 04.06.2010, wherein it was found that the petitioner has secured highest marks in her H.S.C. examination and both the petitioner and opposite party no.4 got five marks each for their higher qualification. But opposite party no.4 was selected by opposite party no.2 as anganwadi worker for anganwadi centre in question by giving additional five marks designating her as Antyodaya Anna Yojana (AAY) card holder.

(3.) Mr. K.C. Rajguru Mohapatra, learned counsel for the petitioner vehemently contended that selection of opposite party no.4 is based on the documents, namely, AAY card of her mother and, as such, there is no such provision under the revised guidelines for selection of anganwadi worker to award preferential five percent marks to the AAY card holder. It is further contended that the appellate authority, while considering the appeal, erroneously found opposite party no.4 as a 'destitute' ignoring the guidelines of the government dated 18.12.2007 for selection of anganwadi worker, wherein government specifically issued clarification in para-3 thereof that the women, included in paragraph-'C' of the Govt. of India, Ministry of Women and Child Development Department on Swadhar, may be termed deserted/destitute. Besides the same, she should swear that she would be subjected to criminal prosecution, if the information are found incorrect/false, and would be disengaged forthwith if selected on the weightage of the information. It is thus contended that the award of five extra marks to opposite party no.4 by the selection committee on the ground of 'AAY' card holder, cannot sustain in the eye of law, so also the finding to that extent arrived at by the appellate authority. Consequentially, the order dated 08.11.2010 passed by the appellate authority vide Annexure-4 is to be quashed and petitioner is to be engaged as anganwadi worker in respect of Bhimpur Malisahi Anganwadi Centre under Galua G.P. of Banpur Block.