MUDHUSMITA DASH Vs. COLLECTOR, NAYAGARH

JUDGEMENT

(1.) Being aggrieved by the order dtd. 1/3/2017 passed by the Addl. District Magistrate, Nayagarh in Anganwadi Appeal No.5 of 2016 setting aside the order of her selection as Anganwadi worker, the petitioner has approached this Court with the following prayer:

(2.) The facts of the case are that pursuant to an advertisement issued by the C.D.P.O., Nayagarh on 19/8/2016 for engagement of Anganwadi Worker of Anganwadi Center Ward No. 7, Keuta Sahi, the petitioner submitted her application. She was earlier working as a Balwadi worker in the same ward. The Selection Committee after verifying the documents and the eligibility of the petitioner, found her suitable for engagement. Accordingly, she was issued with an order of engagement on 5/10/2016 pursuant to which she joined on 7/10/2016. The private Opposite Party No.5 challenged her selection by filing appeal being A.W. Appeal No. 5 of 2016 before the A.D.M., Nayagarh mainly on the ground that she had not submitted her Resident Certificate along with her application. The A.D.M. though held that the petitioner is a permanent resident of the area in question, yet considered her selection to be illegal as she had not submitted the Resident certificate along with her application form. Accordingly, the impugned order was passed setting aside the engagement of the petitioner.

(3.) Being aggrieved, the petitioner has filed the present writ petition alleging, inter alia, that the Opposite Party No.5 had no locus standi to challenge her selection as she was herself guilty of manipulation of the marks secured by her in the H.S.C. Examination as reflected in her application form. In any case, the petitioner admittedly had secured more marks than Opposite Party No.5 and further, she had experience of working as a Balwadi worker in the same area.