KEMATI KHARSEL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Being aggrieved by the dismissal of the petitioner's appeal by the Additional District Magistrate, Bolangir in Revenue Misc. Appeal No.11 of 2011, the petitioner has filed this writ application with the following prayer:

(2.) Pursuant to an advertisement issued by the Child Development Project Officer (C.D.P.O.), Muribahal for engagement of Anganwadi Workers for Dunguriguda Anganwadi Center on 8/7/2009, the petitioner was an applicant. She was found to have secured the highest marks as per the proceeding of the selection committee meeting held on 7/8/2009, wherein the private opposite party No.4 was placed in the 2nd rank. However, such selection was withheld and subsequently the advertisement was cancelled. On 2/6/2010, another advertisement was published and an order of engagement was issued in favour of opposite party No.4 ignoring the case of the petitioner, though she was also an applicant. On enquiry she came to know that her candidature was rejected on the ground that she had failed in Odia subject in Class-VII securing 18 marks and 139 marks in total, thereby failing in Class-VII also. The petitioner approached this Court in W.P.(C) No.18391 of 2011, which was disposed of by directing the petitioner to submit representation/appeal before the Addl. District Magistrate (ADM) within two weeks with further direction to the ADM to consider the same within two weeks. The petitioner filed appeal before the ADM as directed but the same was dismissed on the ground of absence of the petitioner-appellant. The petitioner, therefore, filed another writ application in W.P(C) No.15783 of 2012, wherein this Court vide order dtd. 12/11/2012 set aside the order of the ADM and remanded the matter to him for fresh disposal. Pursuant to such order, the ADM heard the appeal and dismissed the same by order dtd. 24/4/2013, copy of which has been enclosed as Annexure-3. The appeal was dismissed on the ground that the petitioner had failed in Odia subject in Class-VII securing 20 marks out of 100, whereas the private opposite party No.4 had secured 30 marks.

(3.) Counter affidavit has been filed by the State opposite party Nos. 2 and 3 justifying the impugned order. It is stated that the original selection process pursuant to the advertisement dtd. 8/7/2009 was cancelled as some doubts had crept in with regard to residential certificate submitted by the opposite party No.4. Pursuant to direction of the Sub-Collector, the CDPO again published advertisement on 2/6/2010 against which three applications were received including that of the petitioner and opposite party No.4. The candidature of the other candidate was rejected as she was found be belonging to a different service area. In so far as the petitioner is concerned, since she had submitted H.S.C. certificate obtained from the NOIDA Board, the selection committee sought clarification from the State Government. Clarification was received from the Government vide letter No. 11260/WCD dtd. 25/6/2010 to the effect that the candidates having requisite qualification from the institute approved by the Government of Odisha having Odia up to 7th Standard may be allowed to take part in selection of Anganwadi Workers. The petitioner had produced two different School Leaving Certificates showing different marks secured by her, one being of 28/6/2002 showing 139 marks and the other being of 2/7/2011 showing 169 marks. Since the petitioner had secured fail marks in Odia, the ADM rightly dismissed the appeal.