The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7666 of 2013 Sasmita Biswal …. Petitioner Mr. Surya Kanta Dash, Adv. -versus- Collector, Puri and Ors. …. Opp. Parties Mr. Ch. Satyajit Mishra, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. 14.
Decision
ORDER 22.09.2023 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioner assails the action of the Opposite Party Nos.2/Sub- Collector, Puri and 3/ Child Development Project Officer, Kakatpur in not appointing her as Aganwadi Worker for Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the district of Puri. 3. Heard learned counsel for the Parties. 4. The Opposite Party No.3 Child Development Project Officer, Kakatpur invited applications vide notice/ advertisement No.253 dated 31.12.2009 from the Page 1 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Sep-2023 11:18:50 // 2 // intending candidates for appointment of Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri as well as 69 other centres. In the said advertisement, last date for submission of application was fixed as 15.01.2010. Pursuant to the said advertisement, the Petitioner and two other candidates submitted their applications for being appointed as the Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri. On 10.05.2010 the Selection Committee presided by the Opposite Party No.2/Sub- Collector, Puri selected and appointed 56 Anganwadi Workers for 56 centers. But no selection/ appointment was made for Mutunia-2 Anganwadi Centre even though in the verification-sheet the Petitioner was found to be the most eligible candidate on the ground that a further enquiry with regard to the nativity of the Petitioner was required to be obtained from the concerned Tahasil, as there was some anomalies in the report of the concerned Revenue Inspector. 5. Having such doubt, the Tahasildar, Kakatpur was asked to cause an inquiry with regard to the nativity of the Petitioner. In turn, the Tahasildar, Kakatpur directed the Revenue Inspector, Kakatpur to submit a report after Page 2 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Sep-2023 11:18:50 // 3 // causing field inquiry. The Revenue Inspector, Kakatpur conducted field inquiry and recorded the statements of local residents of Ward No.5 with regard to the nativity of the Petitioner and submitted his report before the Tahasildar, Kakatpur indicating therein that the Petitioner is a person of the locality i.e. Ward No.5, against which the appointment was sought for vide his report dated 12.05.2012. 6. Accordingly, the Tahasildar, Kakatpur intimated the Opposite Party No.3 / Child Development Project Officer, Kakatpur about the outcome of the further inquiry conducted by the Revenue Inspector, Kakatpur with regard to the nativity of the Petitioner. But, no action was taken by the selection body. Therefore, the Petitioner was constrained to represent before the Opposite Parties vide representations dated 14.02.2013 and 15.02.2013 respectively. However, no step was taken by the Opposite Parties for selection of the Petitioner as Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri. Therefore, the Petitioner is constrained to approach this Court by way of the present Writ Petition. 7. Learned counsel for the Petitioner submits that the Opposite Party No.3 / Child Development Project Officer, Page 3 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Sep-2023 11:18:50 // 4 // Kakatpur is acting neither on the report submitted with regard to nativity of the Petitioner nor on the representation made by the Petitioner. He further submits that the Opposite Parties being the responsible public servants are supposed to act in a fair manner. Therefore, this Writ Petition may be allowed and direction may be issued to the Opposite Parties to offer appointment to the Petitioner for the said post. 8. Learned counsel for the State submits that though the Petitioner was the most deserving of all the candidates for the post of Anganwadi Worker on merit, but her nativity was held under doubt as per the report of R.I as well as objections /allegation of the villagers of Mutunia against the Petitioner that she was not the permanent resident of Ward No.5 which was the service area of Mutunia-2 Anganwadi Center. Rather, the Petitioner was a permanent inhabitant of Ward No.4. Some villagers have also submitted written allegation to the Tahasildar, Kakatpur on 28.04.2010 requesting not to issue any residence certificate to the Petitioner as she is not a resident of Ward No.5 and submitted a copy of voter list of Ward No.5 for the year 2006 where Petitioner’s name did not find place. Page 4 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Sep-2023 11:18:50 // 5 // 9. He further submits that due to the aforesaid allegations made by the villagers, doubt raised about the permanent residence of the Petitioner. As engagement of a candidate as Anganwadi Worker not belonging to the centre area is contrary to the Government guidelines, the actual residence of the Petitioner required further probe. Therefore, the Opposite Party No.3 had requested the Tahasildar, Kakatpur to submit a report about the permanent residence of the Petitioner. Though the petitioner had submitted a residential certificate issued in her favour by the Tahasildar, Kakatpur vide Misc. case No.48 dated 07.01.2010, the same was silent about the Ward Number. In view of the aforesaid anomalies in the residence certificate and remarks made by the Selection Committee, the Opposite Party No.3 was not able to proceed further with the selection process. 10. In this case, the Petitioner had participated in the selection process and successfully stood first. Except the deficiency of the requirement of residential certificate of the service area, the Petitioner had met all the requirements. The local parochialism shall not preclude the Petitioner to participate in the selection process. The artificial discrimination created through a guideline which gives rise to a local parochialism is not at all Page 5 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Sep-2023 11:18:50 // 6 // acceptable in the service jurisprudence and is violative of Article 14 read with Article 16 (2) of the Constitution of India. 11. In such view of the matter, the prayer of the petitioner is allowed. The Opposite Parties are directed to give appointment to the Petitioner as Anganwadi Worker in Matunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the district of Puri within a period of one month from the date of submission of a certified copy of this order. 12. This Writ Petition is, accordingly, disposed of. Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Sep-2023 11:18:50 Page 6 of 6