SANJUKTA PATRA Vs. SUB-COLLECTOR AND ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dated 12.1.2010 passed by the Sub-Collector, Balangir in Misc. Appeal No. 30 of 2009.

(2.) Brief facts of the case is that the petitioner had applied for issuance of residential certificate for the purpose of getting job as an Anganwadi Worker and the authorities have issued such residential certificate in exercise of power under Section 6 of the Orissa Miscellaneous Certificate Rules, 1984, (hereinafter referred to as 'Rules, 1984'). Thereafter the authorities have exercised of power under Rule-7 of the Rules, 1984 for examination suo motu for review in connection with the order issued under Rule 6 of the Rules, 1984 initiated a proceeding bearing Misc.-Certificate Case No. 4799 of 2009 wherein an order has been passed on 7.8.2009 and it has been held that the residential certificate issued under Section 6 of the Rules, 1984 has its validity. Opposite party No. 2 preferred an appeal bearing Misc. Appeal No. 30 of 2009 under Rule 8 of the Rules, 1984 and the appellate authority has allowed the said appeal and held that residential certificate issued by the lower Court is illegal and cancelled the residential certificate issued in favour of the petitioner in Misc. Certificate No. 4799 of 2009.

(3.) Petitioner being aggrieved with the order dated 12.1.2010 passed in Misc. Appeal No. 30 of 2009 has preferred this writ petition. Grounds of challenge of the order dated 12.1.2010 is that the appellate authority has passed the order invoking his jurisdiction conferred under Rule 8 of the Rules, 1984 which is not within his jurisdiction since appeal under Rule 8 of the Rules, 1984 will lay only against the order passed under Rule 6 of the Rules, 1984.