LAWS(ORI)-2015-11-59

MALABIKA MURMU Vs. STATE OF ODISHA & OTHERS

Decided On November 23, 2015
Malabika Murmu Appellant
V/S
State of Odisha and Others Respondents

JUDGEMENT

(1.) Petitioner is aggrieved with that part of the order dated 30.9.2015 passed by the Sub-Collector-cum-Enquiring Officer Panchpir, Karanjia by which the Sub-Collector on the one hand come to conclusion that the selection was not genuine and as such selected candidate namely Smt. Parbati Tudu has been disengaged with direction upon the opposite parties to go for fresh selection.

(2.) Petitioner being aggrieved with that part of the order to he effect that the authorities have passed order regarding going for fresh selection has approached this Court by way of this writ petition.

(3.) Case of the petitioner is that in pursuance to the advertisement dated 4.5.2015 three candidates namely, present petitioner, Parbati Tudu and Smt. Pravasini Mohanta had submitted their applications and on scrutiny it was found that Smt. Pravasini Mohanta is an outsider of the area of operation of the Chandaposi Sahi Mini Anganwadi Centre as well as her candidature was rejected. After her rejection, selection process was started in between the present petitioner and Parbati Tudu, Parbati Tudu was selected on the basis of the highest marks obtained in Class-VIII examination. Petitioner raised her objection on 29.6.2015 with respect to the authenticity and genuineness of mark sheet produced by Parbati Tutu at the time of selection. Objection of the petitioner having been registered by the appellate authority as Anganwadi Case No 15 of 2015, enquiry had been conducted with respect to veracity and genuineness of mark sheet produced by Parbati Tudu. The Sub-Collector-cum-Enquiring Officer issued notice to all the selected candidates and also upon the Headmaster of Bisramunda High School who has produced original records and submitted that only transfer certificate has been issued to Parbati Tudu not mark sheet. Opposite party no.2 after verifying the original record and after going through the statement of the Headmaster of the concerned school who has specifically asserted that the mark sheet, based upon which, Parbati Tudu has been selected, has not been issued by the school, has passed an order of disengagement, however direction has been passed for fresh selection.