TEJASWINI PANIGRAHI Vs. GOVERNMENT OF ODISHA

JUDGEMENT

(1.) The Appellant in the present Writ Appeal assails the legality/validity of the order dated 03.11.2011 passed by the learned Single Judge in W.P.(C) No.23288 of 2010 dismissing the Writ Petition and upholding the order dated 26.11.2010 passed by respondent No.3- Additional District Magistrate, Subarnapur in rejecting selection of the appellant as Anganwadi Worker for Jamchhapar Anganwadi Centre.

(2.) The fact of the case in a nutshell is that respondent No.2- Child Development Project Officer, Binka (for short, 'the CDPO') issued an Advertisement on 14.01.2010 (Annexure-1) inviting applications for selection of Anganwadi Workers for various Anganwadi Centres including Jamchhapar Anganwadi Centre. In the said Advertisement, it was specified that the candidates were to submit their application forms on working days from 10 AM to 5 PM till 31.01.2010 in the office of respondent No.2. Pursuant to the above Advertisement, appellant submitted her application form on 29.01.2010 along with all required documents and certificates as mentioned in the advertisement for selection of Anganwadi Worker for Jamchhapar Anganwadi Centre. Respondent No.5 submitted her incomplete application form, i.e., without Nativity Certificate for the above Anganwadi Centre. Respondent No.2, after verification of applications of Jamchhapar Anganwadi Centre, vide Notification No.138 dated 05.02.2010 invited objections against candidates short-listed in the said Notification. In the said Notification, appellant and respondent No.5 were both short-listed for Jamchhapar Anganwadi Centre. The Selection Committee headed by the Sub-Collector, Sonepur-respondent No.4 on 07.04.2010 met for selection of Anganwadi Workers for various Anganwadi Centres as advertised under Annexure-1. As the respondent No.5 was not issued with a Nativity Certificate within the date line of filing of application form, which was issued by the Additional Tahasildar, Binka on 01.02.2010, the Selection Committee did not consider her candidature though respondent No.5 had secured the highest point. Pursuant to the result of the Selection process, the CDPO vide order dated 16.04.2010, selected the appellant as Anganwadi Worker for Jamchhapar Anganwadi Centre, as she was the only eligible and successful candidate. Thereafter, the appellant immediately joined on receiving the order of her selection. While the appellant was discharging her duties to the utmost satisfaction of all concerned, respondent No.5 preferred an appeal before respondent No.3-Additional District Magistrate, Subarnapur vide A.W.W. Appeal Case No.88 of 2010, challenging the selection and engagement of appellant as Anganwadi Worker, Jamchhapar Anganwadi Centre. The sole ground of challenge of selection of the respondent no.5 was that she was more qualified than the appellant but her application was rejected at the time of selection as the Nativity Certificate was submitted after the last date of submission of application forms. The further case of respondent No.5 was that the last date of receipt of the application was fixed to 31.01.2010 which was a Sunday. Thus, she submitted her Nativity Certificate on 01.02.2010. Respondent No.3 vide his order dated 26.11.2010 allowed the appeal of respondent No.5 with the observation that as 31.01.2010, which was the last date of receipt of the application form was a Sunday, the next working day should have been treated as the last date of receipt of the application. Further, respondent No.3 held that as respondent No.5 had applied on 30.01.2010, i.e., prior to the last date but without a Nativity Certificate, her application should not have been rejected merely on the ground that the Nativity Certificate was produced on 01.02.2010. Pursuant to the above order of respondent No.3-ADM, Subarnapur, respondent No.4-Sub-Collector, Sambalpur by his order dated 24.12.2010 directed for disengagement of the appellant/petitioner. Pursuant to the direction of respondent No.4- Sub-Collector, respondent No.2 also issued order of the even date to the appellant to hand over the charge.

(3.) Being aggrieved by the order dated 26.11.2010 (Annexure-7), the appellant assailed the same in W.P.(C) No.23288 of 2010, which was dismissed by a learned Single Judge of this Court vide order dated 03.11.2011 under Annexure-11. Hence, the present appeal.