MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE v. NARASINGH
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Nov-2024 13:10:36 IN THE HIGH COURT OF ORISSA AT CUTTACK WA No. 1090 OF 2024 (An application arising out of W.P.(C) No.20949 of 2017 disposed of on 28th March, 2024) Purnima Pattanayak ***** …… Appellant -Versus- State of Odisha and others .…… Respondents Advocates appeared:
Legal Reasoning
For Appellant : Mr. Bijaya Kumar Dash, Advocate For Respondents : Mr. Ajodhya Ranjan Dash, Additional Government Advocate (For Respondent Nos.1 to 5) Mr. Anish Ankur Mishra, Advocate (For Respondent No.6) CORAM : MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE V. NARASINGH
Decision
------------------------------------------------ Heard and disposed of on 12.11.2024 ---------------------------------------------- JUDGMENT By the Bench; 1. This matter is taken up through hybrid mode. 2. This Intra-Court Appeal has been filed assailing the judgment dated 28th March, 2024 (Annexure-4) passed by learned Single Judge in W.P.(C) No.20949 of 2017. 3. Mr. Dash, learned counsel submits that the Appellant had filed W.P.(C) No.20949 of 2017 assailing the order dated WA No. 1090 OF 2024 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Nov-2024 13:10:36 // 2 // 16th September, 2017 passed by learned Additional District Magistrate, Dhenkanal in Appeal (AWW) Case No.2 of 2017. Pursuant to an advertisement dated 21st September, 2016 issued by the Child Development Project Officer (CDPO), Odapada-Respondent No.5 inviting applications from eligible candidates for engagement as Anganwadi Worker (AWW) for Besalia-A, Additional Anganwadi Center (AWC). Appellant and Respondent No.6 submitted their applications. In the selection process, the Appellant came out successful. Accordingly, the CDPO-Respondent No.5 issued engagement order in her favour on 19th November, 2016. She joined in AWC on 25th November, 2016. While continuing as such, the Respondent No.6 submitted a representation before the Additional District Magistrate, Dhenkanal on 5th May, 2017, which was treated as an appeal. It was stated inter alia that the resident certificate issued by the Tahasildar, Odapada on 30th November, 2015 submitted by Respondent No.6 was not taken into consideration. Moreover, she had secured higher marks than the Appellant and therefore, she should have been engaged as AWW. Appeal (AWW) Case No.2 of 2017 was allowed by learned Additional District Magistrate, Dhenkanal setting aside the order of engagement of the Appellant dated 19th November, 2016. Being aggrieved, the Appellant preferred the aforesaid Writ Petition, which was dismissed vide judgment dated 28th March, 2024 (Annexure-4). The said judgment is assailed in this Intra-Court Appeal. WA No. 1090 OF 2024 Page 2 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Nov-2024 13:10:36 4. Mr. Dash, // 3 // learned counsel for the Appellant vehemently argued that the resident certificate submitted by the Respondent No.6 was issued by the Tahasildar, Odapada on 30th November, 2015. By the time the Appellant as well as Respondent No.6 submitted their application for being engaged as AWW, the said resident certificate had lost its force, as it was beyond one year by then. Learned Single Judge overruled such objection raised by Respondent No.6 on the ground that there was nothing in the advertisement that the resident certificate should be within six months preceding the date of advertisement. It was also held that there is no provision in the prevailing Rules, i.e., Odisha Miscellaneous Certificate Rules, 2017 (for brevity ‘the Rules’) indicating the period of validity of such certificate. 4.1. It is submitted that the Rule-4(1) of the Rules provide for application for Miscellaneous Certificate. A person seeking for issuance of resident certificate shall have to make an application in Form-1 appended to the Rules. He further submits that Rule-6(5) of the Rules clearly provides that the validity of resident, income and solvency certificate shall be one year from the date of its issue; whereas legal heir and guardianship certificate shall be permanent in nature unless modified or cancelled by order of Competent Authority. This vital aspect was not taken into consideration by learned Single Judge while adjudicating the writ petition. Hence, the impugned judgment is not sustainable as the resident certified submitted by Respondent No.6 to prove that she belongs to WA No. 1090 OF 2024 Page 3 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Nov-2024 13:10:36 // 4 // the service area of AWC was not valid on the date of application. He, therefore, prays for setting aside the impugned judgment under Annexure-4 and to restore the engagement order issued in favour of the Appellant. For convenience of ready reference relevant extract of the said Rules is culled out hereunder:- “4. (1) Application for miscellaneous certificates:- A person desirous of obtaining a certificate shall file before a Revenue Officer an application,- (i) for issuance of Resident certificate, in Form No. 1; xxx xxx xxx 6. Order on the application:- (1) xxx xxx xxx (2) xxx xxx xxx (3) xxx xxx xxx (4) xxx xxx xxx (5) The validity of resident, income and solvency certificate shall be one year from the date of its issue whereas legal heir and guardianship certificate shall be permanent in nature unless modified or cancelled by orders of Competent Authority. The certificate issued by the Revenue Officers under these rules shall be accepted by all requiring authorities.” 5. Mr. Mishra, learned counsel, who has entered appearance through caveat for Respondent No.6 vehemently objects to the above and submits that it is rightly observed in the impugned judgment that there is nothing in the advertisement that the resident certificate should be issued within six months preceding the date of advertisement or there was any provision in the prevailing Rules indicating the period of validity of such certificate. There is no dispute to the fact that the Respondent No.6 belongs to the service area of the concerned AWC. Thus, submission of resident certificate was only a formality. In addition to it, Respondent WA No. 1090 OF 2024 Page 4 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Nov-2024 13:10:36 // 5 // No.6 is more meritorious than the Appellant in all respect. Hence, the impugned judgment should not be interfered with. 6. Taking note of the submissions made by learned counsel for the parties, this Court finds that there is no stipulation in the advertisement that the resident certificate of the candidates should have been issued within a period of six months/one year. As rightly pointed out by Mr. Mishra, learned counsel that the Respondent No.6 is more meritorious than the Appellant in all respect. There is also no dispute that both the Appellant and Respondent No.6 belong to the service area of AWC. On the date of issuance of advertisement, i.e., 21st September, 2016, the resident certificate issued by the Tahasildar, Odapada, i.e., on 30th November, 2015, was valid. In that view of the matter, we are not inclined to interfere with the impugned judgment under Annexure-4. 7. Accordingly, the W.A. being devoid of any merit stands dismissed. Urgent certified copy of this order be granted as per rules. (K.R. Mohapatra) Judge (V. Narasingh) Judge Orissa High Court, Cuttack, Dated 12th November, 2024/Madhusmita WA No. 1090 OF 2024 Page 5 of 5