BINAPANI @ SUBHADRA SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Challenge has been made in this writ petition to the order dated 27.12.2012 passed by the Sub-Collector, Balasore, opposite party No.3, in SSW Misc. Case No.08 of 2012.

(2.) The facts leading to the present writ petition are as follows : Pursuant to the advertisement dated 21.12.2009, the petitioner filed her candidature for the post of Anganwadi Helper in respect of Keshpura-II Anganwadi Centre under ICDS Project, Jaleswar. The petitioner is a widow. She is residing in the centre area. The Mahila Sabha convened by the Child Development Project Officer on 10.5.2011 recommended the case of the petitioner for selection of Anganwadi Helper. The petitioner, on being selected was engaged as Anganwadi Helper and discharging her duties since 25.5.2011.

(3.) While the matter stood thus, SSW Misc. Case No.8 of 2012 was filed by opposite party No.5 before the Sub-Collector, Balasore challenging the selection of the petitioner as Anganwadi Helper. The petitioner after receiving notice appeared in the said appeal. It was alleged by opposite party No.5 that the petitioner was over age. She submitted forged school leaving certificate and residential certificate. She did not submit the residential certificate along with her application. The petitioner traversing the said allegations submitted that she was a student of Keshpura Primary School and obtained school leaving certificate from the said school where her date of birth was reflected as 3.4.1968. Therefore, on the date of filing of the application, she was 41 years and did not cross the upper age limit as has been fixed in the Government Order dated 29.4.2010. By the time the applications calling for candidature were filed, the guidelines are prospective in nature. So far as school leaving certificate of the petitioner is concerned, a separate document was produced before the opposite party No.3 showing her school leaving certificate. The copy of the said document was not supplied to the petitioner to clarify the position. However, on verification of the record, the petitioner found that one school leaving certificate was issued from Krupasindhu Sahajoga M.E. School, Tapandia where Class-III was not available. The qualification of the petitioner is upto Class-III and a school leaving certificate was issued to her to that effect only. Therefore, opposite party No.5 for her personal gain and the C.D.P.O., with ulterior motive, produced those documents and on the basis of which, the impugned order has been passed. Therefore, learned counsel for the petitioner submitted that in view of the above, the impugned order is liable to be set aside.