The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11408 of 2017 Ranjita Nayak Petitioner Mr. Bijaya Kumar Parida (2), Adv. …. -versus- Sub-Collector-cum-Cairman, Selection Committee, ICDS Project, Rayagarh & Ors.. …. Opposite Parties Mr. G.R. Mohapatra, ASC Mr. L.K. Mohanty, Adv. (for O.P.6) CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 07.07.2023 15. 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioner challenges the order dated 11.01.2017 under Annexure-5 passed by the Opposite Party No.5/ Additional District Magistrate, Nayagarh in A.W. Appeal Nos.14 and 15 of 2011. The Petitioner further seeks a direction from this Court to the Opposite Party Nos. 1 to 5 not to disturb the post of Anganwadi Worker of the Dalak Gha Anganwadi Centre because she was duly selected, engaged and continued since 2011.
Legal Reasoning
3. Heard learned counsel for the Parties. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 Page 1 of 9 // 2 // 4. Facts of the case is that the Selection Committee of the ICDS Project of Odogaon Block has decided to create new ICDS Project Centre in different Gram Panchayats of the Block. Accordingly, Dalak Gha Anganwadi Centre was created by comprising the area of Gouda Sahi College Road. In order to fill up the Anganwadi Woker of the newly created Dalak Gha Anganwadi Centre, Notification dated 07.01.2011 was issued by the Opposite Party No.4/ Child Development Project Officer, Odogaon, District- Nayagarh inviting application for the post of Anganwadi Worker in respect of Dalak Gha Anganwadi Centre comprising Gouda Sahi College Road of Odogaon Gram Panchayat including other Anganwadi Centers. 5. The Petitioner applied for the post of Anganwadi Worker in respect of the said Anganwadi Centre. There are 12 applicants for Dalak Gha Anganwadi Centre. A list of candidates was prepared and issued by the Opposite Party No.4/ Child Development Project Officer, Odogaon, District- Nayagarh where the name of the Petitioner was found place against Serial No.4. 6. The Scrutiny Committee recorded the names of each of the applicants and verified the actual residence within the Anganwadi Centre area which was obtained by the Opposite Party No.4/ Child Development Project Officer, Page 2 of 9 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 // 3 // Odogaon from the Opposite Party No2/ Tahasildar, Odogaon. Considering the statements prepared by the Scrutiny Committee, the Selection Committee selected the Petitioner as Anganwadi Worker of Dalak Gha Anganwadi Centre of Odogaon Gram Panchayat. The Opposite Party No.4/ Child Development Project Officer, Odogaon published the Selection List/Notice dated 16.09.2011 indicating the name of the Petitioner at Serial No.15. 7. However, while the Petitioner was continuing in the said Anganwadi Centre, two applicants named Rashmirani Dora and Sandhyarani Mishra preferred appeal before the Opposite Party No.5/ Additional District Magistrate, Nayagarh vide Anganwadi Appeal Nos.14 and 15 of 2011. The Opposite Party No.5/ Additional District Magistrate, Nayagarh vide order dated 21.02.2012 had dismissed the aforesaid Appeals. Thereafter, both the above-named applicants had approached to this Court vide W.P.(C) Nos.5963 and 6220 of 2012 impleading the Petitioner as Opposite Party No.7.
Decision
This Court disposed of both the Writ Petitions vide order dated 02.08.2016 directing the Opposite Party No.5/ Additional District Magistrate, Nayagarh to pass fresh order in Anganwadi Appeal Nos.14 and 15 of 2011. In Page 3 of 9 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 // 4 // compliance of the order dated 02.08.2016 passed by this Court, the Opposite Party No.5/ Additional District Magistrate, Nayagarh has passed the impugned order dated 11.01.2017 as follows: “Rasmirani Dora W/o Purna Chandra Dora Vill Dalak,College Road Odagaon, Dist Nayagarh …… Appellant Vrs. 1. Sub Collector, Nayagarh 2. Tahasildar,Odagaon 3. BDO,Odagaon 4. CDPO,Odagaon 5. Ranjita Nayak W/o Prabhat Kumar Barik Vill Dalak (Nityananda Sahi) Po Ps Odagaon …...Respondent Selection of the Respondent No.5 as the Anganwadi Worker of Dalak "Gha" Anganwadi Centre is under challenge in this appeal. The Hon’ble High Court of Odisha vide their order dtd 02.08.2016 in WP (c) No. 5963 of 2012 have directed the ADM,Nayagarh to adjucute the issue as per law within eight weeks from the date of receipt of order after providing opportunities of hearing to all affected parties. The learned advocate for the Appellant namely Rashmirani Dora and Sandhyarani Mishra are present. The learned Advocate for the Respondent The CDPO,Odagaon, the Respondent No.4is present in person. Heard them. The sole question before this court is to decide if the Respondent No.5 present. No.5 is Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 Page 4 of 9 // 5 // is the Appellant was residing in the service area of Dalak "Gha" A.W Centre, at the time her Selection as AWW. The contention of the learned Advocate for the Appellant consequent upon that publication of an advertisement bearing No.11 inviting applications dtd 07.01.2011 from for Dalak "Gha" AWC, eleven candidates candidates and including Respondent No. 5 offered their candidature. On 27.01.2011 the Respondent No.4 verified the documents submitted by all the candidates and published inviting objection by 07/02.2011. On the same day the Appellant filed an objection stating therein that excepting her none of the candidates belongs to the service area of Dalak’Gha" AWC. Soon after getting the objection the Respondent No.4 requested the local R.I and Lady supervisor concerned to verify the fact and submit a factual report. the same The scrutiny Committee of Odagaon ICDS, Centre was convened on 25.08.2011 and it was decided to place the matter along with the enquiry report of the Revenue Inspector and that of the Lady Supervisor before the Selection Committee for taking a final decision. The Selection Committee was convened on the 16.09.2011. The objection Appellant was and arbitrarily Respondent No.5 was selected as the A.W.W in respect of Dalak’Gha" AWC. raised by rejected The contention of the learned Advocate by is that the enquiry report the Appellant submitted by Revenue Inspector & Lady Supervisor is false, fabricated and not based on facts. That the Selection Committee has selected Page 5 of 9 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 // 6 // the Respondent No. 5 without properly scrutinizing documents and strictly following the rule of law. As per the notification Dalak "Gha" AWC comprised of Gouda Sahi & College Road. The fact remains that Respondent No.5 had been residing in the Nityananda Sahi of Dalak village which does not come under the service area of the AWC. His prayer is therefore to set aside the selection of Respondent No.5 as the A.W.W of Dalak "Gha" A.W.C and to direct the Selection Committee the Appellant as the AWW of Dalak "Gha" AWC. to appoint The contention of the learned Advocate for Respondent No. 5 is that Ranjita Nayak the Respondent No.5 married to Prabhat Kumar Barik in the year 2009. Previously Sri Barik was residing in Nityananda Sahi. As the residence was not specious to accommodate their big family they shifted to their other house which is situated on the college, Road. Since 2009 the Respondent No. 5 has been residing in that house on college road with her family. The Lady Supervisor in her report dtd. 22.06.2011, the Revenue Supervisor, Odagaon in his report dtd. 14.11.2011 and the R.1 Odagaon in his report dtd. 18.04.2011 have also clearly reported that the Respondent No. 5 has been residing in the college road. It is further submitted by him that the letter No. 2277 dtd.31.10.2011 submitted by the the Sub-Collector, to Tahasildar Odagaon Nayagarh is based on the report of Head Clerk of his office, which is contradictory and which cannot be relied upon. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 Page 6 of 9 // 7 // The Selection Committee has taken into account all the material facts before coming to the conclusion that the Respondent No. 5 belongs to Dalak "Gha" AWC area. The petitioner on the other hand does not belong to Dalak appellant for the post of the AWW .As such she has not got any locus standee to le this case. The Selection Committee have not therefore committed any regularity in selecting the Respondent No. 5 who has secured highest marks in the selection process and appointing her as the AWW of Dalak "Gha" AWC. His prayer is therefore to dismiss the appeal as having no merit for consideration. from Raghunath Having heard both the parties to the dispute and going through the evidence on record. I am of the opinion that the college road Smabaya extends Mahavidyalaya, Odagaon to Police Station Odagaon. The residences located on either side of the aforesaid road are called the residence of college road. Different Sahis have originated from college road and extended in different direction away from the college road. It is seen that in between Gouda Sahi and Nityananda Sahi there is another Sahi called Gupta Matha Sahi. So Nityananda Sahi is neither close to Gouda Sahi nor within the college road. The residence of Respondent No.5 is in Nityananda Sahi which does not come under the service area of Dalak "Gha" AWC. Relaing on the report of Tahasildar, Odagaon addressed to the sub Collector, Nayagarh one can clearly come to a conclusion that the Respondent No.5 is not the residence of Dalak "Gha" AWC area. In the Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 Page 7 of 9 // 8 // result the prayer of the Appellant is accepted. Engagement of Respondent No.5 as the AWW of Dalak Gha AWC is set aside. The matter is reminded to the Selection Committee to dispose of the matter afresh keeping in mind the findings that Respondent No.5 was not a residence of Dalak Gha AWC area at the time of her selection as a AWW. The report of the R.I Odagaon at the back site of the Misc. Certificate is neither acceptable not reliable on the ground that a Misc.Certificate is prepaired and issued on the basis of the report submitted by the R.I or any other official detailed by the Tahasildar. Here report has been recorded on the back of the certificate which has already been issued.” 8. Having heard the learned counsel for the Parties at length and going through the evidence on record and after perusing the documents annexed herewith and also going through the impugned order, this Court is of the view that the impugned order passed by the Opposite Party No.5/ Additional District Magistrate, Nayagarh does not suffer from any error so as to warrant interference by this Court. Hence, the impugned order dated 11.01.2017 under Annexure-5 passed by the Opposite Party No.5/ Additional District Magistrate, Nayagarh in A.W. Appeal Nos.14 and 15 of 2011 be complied with within a period of three months from today. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 Page 8 of 9 // 9 // 9. Accordingly, this Writ Petition is dismissed. 10. Interim order dated 27.06.2017 passed in Misc. Case No.10399 of 2017 arising out of W.P.(C) No.11408 of 2017 stands vacated. 11. Urgent certified copy of this order be granted on proper application. Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jul-2023 18:08:13 Page 9 of 9