PRIYASHREE MISHRA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This is an intra-Court appeal preferred against the order dated 18.06.2015 passed by the learned Single Judge in W.P.(C) No. 9055 of 2010 confirming the order dated 08.10.2009 and 09.10.2009 passed by the Sub-Collector, Bhubaneswar in Anganwadi Misc. Appeal No.3 of 2009 (I.C.D.S.) refusing to set aside the selection of respondent no.5 as Anganwadi Worker in Khajuriapada (Bhoisahi) Anganwadi Centre made by the Child Development Project Officer, Balipatna-respondent no.4.

(2.) The factual matrix of the case in hand is that the appellant is a resident of Khajuriapada, P.O./G.P. Nariso, P.S. Balipatna, Dist. Khurda. She is a Graduate from Utkal University, Bhubaneswar. Pursuant to the notification dated 02.05.2007 of the Government of Odisha issuing Revised Guidelines for selection of Anganwadi Workers, Child Development Project Officerrespondent no.4 issued an advertisement on 17.02.2009 inviting applications for engagement of Anganwadi Worker in respect of Khajuriapada (Bhoisahi) Additional Anganwadi Centre newly opened. The appellant and respondent no.5, along with others, submitted their applications for selection and appointment of Anganwadi Worker. The objections were also invited from the general public regarding eligibility of candidates for selection, pursuant to which the appellant and two others submitted their representations on 23.06.2009 with regard to the candidature of Kunilata Satpathy and Sandhyarani Mohapatra stating that they are non-resident of ward no.6 and, therefore, they are ineligible for consideration as Anganwadi Worker in respect of Anganwadi Centre in question. Finally, Child Development Project Officerrespondent no.4 selected respondent no.5 as Anganwadi Worker, taking into account her experience as ex-organizer for more than 5 years, and prepared the final select list on 29.07.2009, even though she had secured less percentage of mark than that of the appellant. The appellant challenged the selection of respondent no.5 by filing representation dated 03.08.2009. The same having not been considered, she filed W.P. (C) No. 12138 of 2009, which came to be disposed of, vide order dated 08.09.2009, directing the appellant to submit an appeal before the Sub-Collector, Khurdarespondent no.3 within a period of two weeks from the date of passing the order, which shall be disposed of by affording opportunity of personal hearing to the parties within six weeks from the date of filing the appeal. In response to the same, the appellant preferred an appeal registered as Anganwadi Misc. Appeal No. 3 of 2009 (I.C.D.S.) and the Sub-Collector, Khurda by affording opportunity of hearing dismissed the same vide order dated 08.10.2009 and 09.10.2009. Against the said order, the appellant preferred W.P.(C) No. 9055 of 2010, which was also dismissed by the learned Single Judge vide order dated 18.06.2015, hence this appeal.

(3.) We have heard Mr. P.K. Rath, learned counsel appearing for the appellant; Mr. B.P. Pradhan, learned Addl. Government Advocate appearing for respondents no. 1 to 4; and Mr. Maheswar Das, learned counsel appearing for respondent no.5; and perused the record.