URMILA DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS appeal challenges the order of the learned Single Judge dated 7.1.2013 in W.P.(C) No. 22553 of 2011.

(2.) THE factual backdrop is that an advertisement bearing notification No. 225 dated 19.02.2009 was floated by the C.D.P.O., Mahanga, respondent no. 5, vide Annexure -1 inviting applications for filling up of a post of Anganwadi Worker which related to Hansadia Mundasahi Additional Anganwadi Centre, Mulabasanta Grampanchayat under Mahanga Block. The said Mundasahi Additional Anganwadi Centre was created taking some area of Hansadia and Kuhunda, which is within the Kuhunda Gram Panchayat. Pursuant to that advertisement, appellant and Respondent No. 6 had applied for the post. The candidature of the applicant was rejected on the ground that she was not coming under the service area where the centre was located. Consequently, respondent no. 6 having satisfied the requirements was engaged as Anganwadi Worker, vide notification dated 15.02.2009, Annexure -2.

(3.) AGAINST the said order of the Additional District Magistrate, Cuttack, W.P.(C) No. 22553 of 2011 was filed by the appellant before this Court. The learned Single Judge who heard the Writ Petition, dismissed the same holding that there was no error in the order of the Addl. District Magistrate having accepted the residential certificate of respondent no. 6 issued by the concerned Tahasildar which was never challenged by anybody as per Miscellaneous Certificate Rules while disposing of the Appeal and declined to interfere with the same.