UMAKANTI SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed this writ application with the following prayer:-

(2.) The facts of the case, briefly stated are that pursuant to notification dtd. 24/8/2015 issued by the CDPO, Patnagarh inviting applications for engagement of Anganwadi Worker for Khuntasamalai-2 Anganwadi Center, the petitioner and three other candidates submitted their applications. The petitioner secured highest marks among all the candidates but was not selected on the ground that she had not submitted her resident certificate in terms of the advertisement. The petitioner claims to be a resident of the service area of the Anganwadi Center and had submitted resident certificate showing her as such along with other documents. The petitioner subsequently submitted a resident certificate of the year 2015. In the meantime, the selection process was stalled as one of the candidates namely, Sujata Taria filed a writ application before this Court being W.P.(C) No.14582 of 2016. The petitioner also approached this Court in W.P.(C) No.7103 of 2020 seeking a direction to the authorities to finalize the selection process and to engage her as Anganwadi Worker. This Court, by order dtd. 26/7/2024 disposed of the writ application by directing the Sub-Collector, Patnagarh to take steps for conclusion of the selection process as early as possible, preferably, within a period of four weeks.

(3.) Counter affidavit has been filed by the C.D.P.O., Patnagarh (O.P. No.5) inter alia, stating that in course of enquiry conducted by the Tahasildar, Patnagarh, it was found that the petitioner has not been residing in her village since six years and had submitted a resident certificate of the year 2014. As per the notification, she was required to produce the certificate of the year 2015 on or before 7/9/2015 but she subsequently produced the certificate dtd. 10/9/2015, which was not considered as it was after the due date. As such, her higher mark had no role to play. In the other writ application filed by one Sujata Taria in W.P.(C) No.14582 of 2016, similar direction was issued by this Court to the Sub-Collector to take steps for conclusion of the selection process. Accordingly, a joint proceeding was undertaken by the selection committee and an enquiry was decided to be conducted by the Tahasildar, Patnagarh. On enquiry, it was revealed that Sujata Taria is a permanent resident of Patnagarh NAC and therefore, she was asked to show cause as to why her claim to the post shall not be cancelled. She admitted that she had not been residing in Khuntasamalai village since six years. As regards the petitioner, it was also found that she was not a resident of the said village. Therefore, in order to avoid any ambiguity, the selection committee in its meeting held on 31/8/2024, decided to cancel the old notification and to issue fresh advertisement with due process of law.