The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9916 of 2016 Sobhagini Bag …. Petitioner Mr. Amit Pr. Bose, Adv. Mr.D.G. Pattnaik, Adv. -versus- State of Odisha and Ors. …. Opposite Parties Mr. Ch. Satyajit Mishra, AGA Mr. Samir Kumar Mishra, Sr. Adv. (for O.P.6) CORAM: DR. JUSTICE S.K. PANIGRAHI Order No.
Decision
ORDER 28.07.2023 05. 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioner challenges the order dated 26.04.2016 passed by the Opposite Party No.7/ Additional District Magistrate, Balangir dismissing the appeal i.e. A.W.W. Appeal No.14 of 2015 filed by her. She further seeks a direction from this Court to the Opposite Party No.1 to 5 and 7 to give engagement her as Anganwadi Worker in Barhamunda Anganwadi Center. 3. Heard learned counsel for the Parties. 4. Learned counsel for the Petitioner submits that the Petitioner was a candidate for the post of Anganwadi Worker for Barhamunda Anganwadi Centre. 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: 31-Jul-2023 16:36:16 Page 1 of 5 // 2 // advertisement , the date of scrutiny of testimonials of the candidates was fixed to 19.06.2015. However, as the documents of the candidates could not be scrutinized on 19.06.2015, the date of scrutiny was further fixed to 20.06.2015. He further submits that on 20.06.2015, the Opposite Party No.6 was not present before the Selection Committee. However, the documents of the Petitioner were verified and she stood 1st in the merit list. But the Opposite Party No.6 had made an application before the Selection Committee to give her a chance for verification of her documents. Considering the application of the Opposite Party No.6, the Selection Committee in their meeting dated 06.07.2015 again fixed the date of scrutiny to 28.07.2015 for Opposite Party No.6. 5. He further submits that being aggrieved by the action of the Selection Committee vide their meeting dated 06.07.2015, the Petitioner had filed a Writ Petition bearing W.P.(C) No.13430 of 2015 before this Court. This Court vide order dated 24.07.2015 directed the Petitioner to file appeal, if so desired, on or before 28.07.2015 and on such event, the same would be decided by the authority within a month. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jul-2023 16:36:16 Page 2 of 5 // 3 // 6. As per the direction of this Court, the Petitioner had filed A.W.W. Appeal No.14 of 2015 before the Opposite Party No.7/Additional District Magistrate, Balangir. 7. Learned counsel for the Petitioner further contends that the Opposite Party No.7/ Additional District Magistrate, Balangir without considering the facts and circumstances of the case in proper perspective dismissed the appeal filed by the Petitioner. Hence, the Petitioner is constrained to approach this Court by way of the present Writ Petition. 8. On the other hand, learned counsel for the State submits that the date of verification of documents of the candidates was fixed on 19.06.2015 and on that date all the candidates were present. But due to review meeting called by the Collector, Balangir, the Selection Committee postponed the date of verification to 20.06.2015 by affixing a notice in the notice board. As the C.D.P.O., Patnagarh had not intimated all the candidates, some of the candidates were present for verification on 20.06.2015. On 20.06.2015, the Selection Committee made scrutiny of the documents and notified in the notice board inviting objection. When the Opposite Party No.6 came to know that the verification of documents had already been Signature Not Verified made, she filed a petition before the Chairman of Page 3 of 5 Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jul-2023 16:36:16 // 4 // Selection Committee-cum- Sub-Collector, Patnagarh to consider her case for verification of her documents, as she was not properly informed about the change of date by the C.D.P.O., Patnagarh. The Selection Committee had considered her case and allowed her Petition. After verification of documents, the Opposite Party No.6 stood 1st amongst the candidates and was selected as Anganwadi Worker of Barhamunda Anganwadi Centre. In such view of the matter, he submits that no error was committed by the Opposite Party No.7/ Additional District Magistrate, Balangir in dismissing the appeal filed by the Petitioner. 9. It appears from the submissions made by the learned counsel for the Parties and the documents available on record that the date of verification of documents of the candidates was fixed on 19.06.2015 and due to review meeting scheduled by the Collector, Balangir, the Selection Committee postponed the date of verification to 20.06.2015 by affixing a notice in the notice board. Only two candidates were present for verification of documents on 20.06.2015. On realizing the fact that many candidates were unaware about the rescheduled date of verification, the Selection Committee again fixed the date of verification of documents Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jul-2023 16:36:16 to 28.07.2015. After Page 4 of 5 // 5 // completion of verification of documents, the Opposite Party No.6 named Pinki Bariha stood 1st position amongst the candidates and selected for the post of Anganwadi Worker of Barhamunda Anganwadi Centre. 10. In such view of the matter, this Court finds no error apparent in the order dated 26.04.2016 passed by the Opposite Party No.7/ Additional District Magistrate, Balangir so as to warrant any interference by this Court. Therefore, the Writ Petition filed by the Petitioner has no merit and deserves to be dismissed. 11. Accordingly, this Writ Petition is dismissed. 12. Interim order dated 08.06.20216 passed in Misc. Case No.9165 of 2016 arising out of W.P.(C) No.9916 of 2016 stands vacated. 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: 31-Jul-2023 16:36:16 Page 5 of 5