The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4218 of 2021 (In the matter of an application under Articles 226 and 227 of the Constitution of India, 1950) Mamata Das …. Petitioner (s) -versus- State of Odisha & Ors. …. Opposite Party(s) Advocates appeared in this case through Hybrid Arrangement Mode: For Petitioner(s) For Opposite Party(s) : : Mr. S.B. Jena, Adv. with Mr. A. Swain, Adv. Mr. Ch.Satyajit Mishra, AGA Mr. P.K. Satpathy, Adv. CORAM: DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-21.09.2023 DATE OF JUDGMENT: -10.11.2023 Dr. S.K. Panigrahi, J. 1. The Petitioner being an Anganwari Worker (Mini), AWC under ICDS Project, Bhadrak has filed the present Writ Petition challenging the order dated 20.01.2021 passed by the learned Additional District Magistrate (ADM), Bhadrak in rejecting her prayer for appointing her as an Anganwadi Worker in Jagulai Anganwadi Centre. In this Writ Petition, the Petitioner also challenges the final result published by the Child Development Project Officer, Bhadrak on 12.09.2019, Signature Not Verified
Legal Reasoning
Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 1 of 9 I. 2.
Legal Reasoning
where the name of the Opposite Party No.7/Smt. Sanjukta Sahoo found place at Serial No.2. FACTUAL MATRIX OF THE CASE: Pursuant to the advertisement No.639 published for the post of Anganwadi Worker in respect of Jagulai Anganwadi Centre in Ward No.II on 16.11.2016, out of several candidates, the Opposite Party No.7 was selected. Accordingly, the Opposite Party No.7 joined in the said post. After rendering only three months of services, the Opposite Party No.7 tendered her resignation on 01.10.2016, which was accepted by the competent authority. 3. Thereafter, in order to fill up the post of Anganwadi Worker in Jagulai Anganwadi Centre, another notice was issued on 16.11.2016. Pursuant to such notice, though the Petitioner along with other candidates applied for, the same could not be finalized. However, once again an advertisement bearing No.829 was published on 29.07.2019 to fill up the post of Anganwadi worker in Jagulai Anganwadi Centre. Pursuant to the aforesaid advertisement, the present Petitioner as well as the Opposite Party No.7 along with other candidates applied for. After conclusion of all the paraphernalia required for selection of Anganwari worker, the final result was published, where one Monalisha Sethy belonging to S.C. category secured 87.66%, the Opposite Party No.7/Smt. Sanjukta Sahoo secured 80.73% and the present Petitioner/Mamata Das secured 72.73%. Though Monalisha Sethy secured highest mark, her Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 2 of 9 candidature was not taken into consideration because she was underaged. 4. Thereafter, when the authorities took steps to appoint the Opposite Party No.7 though the present Petitioner objected, her objection was not well taken. Therefore, the present Petitioner preferred a Writ Petition bearing W.P.(C) No.15109 of 2019, which was disposed of granting liberty to the Petitioner to approach the appropriate forum. By virtue of such order, the present Petitioner preferred appeal before the Addl. District Magistrate, Bhadrak vide Anganwadi Appeal No.01/2020 indicating therein that the candidature of the Opposite Party No.7 should not be taken into consideration despite her eligibility. In the aforesaid appeal the Petitioner also took her stand to the extent that since the Opposite Party No.7 had earlier joined as an Anganwadi worker and given her resignation after serving few months, her candidature should not be accepted pursuant to the advertisement issued for the post of Anganwadi worker afresh. It was also averred therein that since the present Petitioner belongs to S.C. category and more than 75% people under the Jagulai Anganwadi Centre belongs to S.C. & S.T. category, the final list published considering the case of the Opposite Party No.7 is illegal. 5. At this juncture, it is averred that the Petitioner belongs to S.C community and as per the guideline issued by the Government of Odisha on 02.05.2007, in Scheduled Tribe and Scheduled Caste area Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 3 of 9 only suitable S.T. & S.C candidates having educational qualification will be selected for the post of Anganwadi Worker. If no suitable candidates belonging to S.T & S.C category are available, the said post would be filled up by the candidates belonging to other community. After hearing all the parties, the Opposite Party No.6 disposed of the Anganwadi Appeal No.01 of 2020 by rejecting the claim of the present Petitioner. Hence, this Writ Petition. II. PETITIONER’S SUBMISSIONS: 6. Learned counsel for the Petitioner(s) earnestly made the following submissions in support of his contentions: (a) The Opp. Party No.6 on 20.1.2021 has not taken into consideration the guidelines issued by Opp. Party No.1 that the petitioner’s case is to be considered first as she belongs to SC Category. Further, Opp. Party No.7 has joined after rendering few months and resigned for which she is not entitled to be selected and petitioner’s prayer was rejected and she was directed to complete selection process as per final result sheet of Jagulai Anganwadi Centre drawn on 12.9.2019. (b) The order passed by the Opp. Party No.6 is contrary to the guidelines issued by Opp. Party No.1. It may be submitted here that since the petitioner is only eligible as she belongs to SC community and as per the guidelines, issued by the Opp. Party No.1 dated 2.5.2007 she is to be selected as another SC candidate Monalisha Sethy is underaged. Further, the candidature of Opp. Party No.7 could not have been considered because she joined in the said Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 4 of 9 Anganwadi Centre and tendered her resignation on the pretext of false ground after rendering service few months. Since all the facts are not taken into consideration by Opp. Party No.6 for which the order passed by the Opp. Party No.6 20.1.2021 in Anganwadi Appeal No.1/2020 under Annexure-7 is liable to be set-aside and also the candidature of opp. party no.7 finding place in final selection list dated 12.9.2019 may also be quashed and a direction may be issued to competent authority to issue appointment order in favour of the petitioner. (c) During pendency of the present writ petition it came to the knowledge of the petitioner that the opp. Party no.7 has never joined in her service as Anganwdi worker after her selection for Jagulai Anganwadi Center under ICDS project Bhadrak rather she was pursuing her C.T in Government Elementary Teacher Education Institution, Pahimahura in the district of Bhadrak for a period of two years i.e dated 07.11.2015 to 2017 as a day scholar. So, it is impossible on the part of the opp. Party no.7 in joining as Anganwadi worker in the Jagulai Anganwadi Center. (d) It is pertinent to mention here that as per the advertisement which was issued on 29.07.2019, one of the most important eligibility criteria is the applicant must be the permanent resident of the said Anganwadi Center. However, the Opp. Party no.7 already left the village and permanently resides out of Odisha i.e in Bangalore city Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 5 of 9 after declaration of the final result sheet of Jagulai Anganwadi center drawn on dated 12.09.2021. III. SUBMISSIONS OF OPPOSITE PARTY NOS.2 TO 6: 7. Per contra, learned counsel for the Opp. Parties/ State intently made the following submissions: (a) An advertisement was published on 29.07.2019 for filling up post of AWW in Jagulai AWC under ICDS Project, Bhadrak. In response to the said advertisement 9 (nine) Nos. of candidates have applied for the post of AWW. On scrutiny, one candidate named Monalisa Sethi was found to be underaged as she has not completed 18 years of age for which her candidature was rejected. Evaluation was made for the rest 8 candidates and merit list was also published. In the said merit list the petitioner was placed in 3rd position and the Opposite Party No.7 was placed at first position. The petitioner was awarded 10 marks extra as she belonged to SC category and remained in 3rd position. As the Opposite Party No.7 has secured the highest marks, she was selected for the post of AWW. (b) While the matter stood thus, the petitioner approached this Court vide W.P.(C) No.15109 of 2019 challenging the selection of Anganwadi Worker. This Court vide order dated 27.8.2019 disposed
Decision
of the Writ Petition by granting liberty to the petitioner to approach the appropriate forum ventilating her grievances. Accordingly, the petitioner filed appeal before the Additional District Magistrate, Bhadrak praying, inter alia, for engagement as AWW which was Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 6 of 9 registered as Anganwadi Appeal No.1 of 2020. The ADM, Bhadrak being the Appellate Authority after hearing the parties, disposed of the Appeal by order dated 20.1.2021 with a reasoned order. Being aggrieved by the order of the Appellate Authority, the petitioner has filed the aforesaid Writ Petition. It is submitted that since the opposite party No.7 has secured the highest marks, she is eligible and entitled for the post of AWW. Hence, no illegality has been committed by Opp. Party No.5 and Opp. Party No.6. (c) Although Monalisha Sethi has secured 87.66% of marks and placed at serial No.1 in the merit list, but her candidature was rejected due to underage as per guidelines. The petitioner has secured 72.73% including 10 marks for S.C. candidate and placed at 3rd position whereas Opp. Party No.07 has secured 80.73% of marks and placed at 1st position. (d) The post of AWW is that of volunteering who gets honorarium for the service rendered by her to the less privileged children and women of her own locality. She is not a Government servant and there is no such guidelines that after her resignation she cannot be selected again. IV. COURT’S REASONING AND ANALYSIS: 8. Learned counsel for the petitioner has contended that the order passed by the Opp. Party No.6 is contrary to the guidelines issued by opp. party No.1. It may be submitted here that since the petitioner is only eligible as she belongs to SC community and as per the Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 7 of 9 guidelines issued by the Opp. party No.1 dated 2.5.2007, she is to be selected as another SC candidate Monalisha Sethy who is underaged. Further, the candidature of opp. party No.7 could not have been considered because she joined in the said Anganwadi Centre and tender her resignation with the false ground after rendering for a few months. Since all the facts are not taken into consideration by opp. party No.6 for which the order dated 20.1.2021 passed by the Opp. Party No.6 in Anganwadi Appeal No.1/2020 under Annexure-7 is liable to be set-aside and also the candidature of opp. party No.7 find place in final selection list dated 12.9.2019 may also be quashed and a direction may be issued to competent authority to issue appointment order in favour of the petitioner. 9. However, learned counsel for the opposite parties has clarified that an advertisement was published on 29.07.2019 for filling up the post of AWW in Jagulai AWC under ICDS Project, Bhadrak. In response to the said advertisement, 9 (nine) number of candidates have applied for the post of AWW. On scrutiny, one candidate named Monalisa Sethi was found to be underaged as she has not completed 18 years of age for which her candidature was rejected. Evaluation was made for the rest 8 candidates and merit list was also published. In the said merit list, the petitioner was placed in 3rd position and the Opposite Party No.7 was placed at first position. The petitioner was awarded 10 marks extra for belonging to SC category and remained in 3rd position. As the Opposite Party No.7 has secured the highest Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 8 of 9 marks, she was to be selected for the post of AWW. Therefore, the petitioner was awarded extra marks as she belongs to SC category, however, the same does not entitle her for the post of AWW according to the advertisement. 10. Similarly, the post of AWW is a volunteer who gets honorarium for the service rendered by her to the less privileged of her own locality. She is not a Government servant and there is no such guidelines suggesting that after her resignation she cannot be selected again. 11. Accordingly, this Court does not deem it fit to entertain the prayer of the Petitioner. This Writ Petition is, therefore, dismissed. (Dr. S.K. Panigrahi) Judge Orissa High Court, Cuttack, Dated the 10th Nov., 2023/ Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Nov-2023 16:52:47 Page 9 of 9