PRIYADARSHINI MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has, by way of this writ petition prayed to quash the order dated 28.09.2012 in Annexure-5 passed by the Additional District Magistrate (ADM), Puri rejecting Anganwadi Appeal Case No.26 of 2011, as well as the order of engagement issued in favour of opposite party no.5 dated 21.06.2011 in Annexure-3 and also the selection process, and issue direction to the State opposite parties to appoint the petitioner as Anganwadi Worker.

(2.) The factual matrix of the case, in hand, is that the Government of Orissa formulated a guideline on 02.05.2007 for selection and appointment of Anganwadi Worker. Pursuant thereto, an advertisement was issued on 21.08.2009 by the Child Development Project Officer, (CDPO), Astaranga-opposite party no.2 inviting applications from the eligible candidates for selection/ appointment/engagement of Anganwadi Worker in respect of Kuanrpur-2 Anganwadi Centre. The petitioner, along with opposite party no.5 and others, applied for the said post along with required documents. As the petitioner satisfied the eligibility criteria laid down guideline issued by the Government on 02.05.2007, she was summoned on 06.01.2009 by opposite party no.2, CDPO, Astaranga for verification of documents. After the documents were verified, the petitioner, having higher qualification of +3 Commerce, was expecting that she would be selected as Anganwadi Worker for Kuanrpur-2 Anganwadi Centre.

(3.) Mr. S.J. Mohanty, learned counsel for the petitioner contended that the petitioner is a resident of Kuanrpur-2 Anganwadi Centre and stood first in the merit list securing 57.8 % of marks, which is higher than the marks secured by opposite party no.5, i.e., 56.8%, but finding that the petitioner is not a resident of Anganwadi Center area, her candidature was rejected. Such rejection of candidature of the petitioner is deliberate and willful one, in view of the fact that pursuant to direction given by the Collector, Puri on 05.02.2011, the Tahasildar, Astaranga submitted field enquiry report indicating therein that the Kuanrpur-2 Anganwadi Centre are consisting of Laxmidhar Padhihari house to Debendra Kanoongo house and Dhusha Kandi house to Bata Kandi house. The petitioner's house is in Kuanrpur, but on the opposite line of the Laxmidhar Padhihari house to Debendra Kanoongo house and also not in Dhusa Kandi House to Bata Kandi house. It is therefore contended that pick and choose method has been adopted by the authority to facilitate the opposite party no.5 to be selected and engaged as Anganwadi Worker, thus her selection should be set aside. To substantiate his contention he has relied upon the judgment of this Court in Sasmita Sahoo v. State of Orissa, 2010 2 OrissaLR 188and Chandramani Jena v. State of Orissa, 2007 2 OrissaLR 577.