The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 15040 of 2022 (An Application under Articles 226 & 227 of the Constitution of India) --------------- Basanti Naik ...… Petitioner -Versus- State of Odisha & Ors .... Opposite Parties Advocate(s) appeared in this case:- _______________________________________________________ For Petitioner
Legal Reasoning
: Mr. B.B.Mishra, Advocate For Opp. Party : Mr. A.R.Dash, Additional Government Advocate for the State. _______________________________________________________ CORAM: JUSTICE SASHIKANTA MISHRA JUDGMENT 18th July, 2024 SASHIKANTA MISHRA, J. The petitioner has approached this with the following prayer: “It is therefore prayed that the writ application be admitted notice be issued to the Opp. Parties to show cause as to why the order dated 02.12.2021 passed by the ADM, Boudh in Misc. Case No. 01 of 2021 shall not be quashed and the petitioner shall not be engaged as the AWH of Dangapada AWC if they fail to show cause or show Page 1 of 7 insufficient cause the order under Annexure-5 be quashed and the petitioner be engaged as the AWH of Dangapada AWC. And any other writ/writs, order/orders and or direction/directions be issued as this Hon’ble Court deems fit and proper. And for this act of kindness, the petitioner shall as in duty bound ever pray. “ 2. The facts of the are that Mahila Sabha was constituted on 19.02.2021 for selection of Anganwadi Helper of Dangapada Anganwadi Centre. Said Mahila Sabha had to be abandoned because of absence of Block Supervisor and Health Worker as also for non-recommendation of the names of the widows of the village. Another Mahila Sabha was convened on 04.03.2021. The petitioner, being a widow and having two dependent children and possessing with necessary qualification applied for selection on 04.03.2021. The Opposite Party No.5 challenged the notice dated 01.03.2021 calling for the Mahila Sabha before the ADM, Boudh which was registered as Misc. Case No. 1 of 2021. The petitioner also challenged non-consideration of her case by submitting a representation to the Sub-Collector, Boudh on 21.10.2021. Subsequently, having come to know about the challenge by the Opposite Party No.5, she sought to be Page 2 of 7 impleaded as a party in the proceeding before the ADM. It is alleged that no notice was issued to the petitioner nor any opportunity of hearing was granted. Ultimately, the ADM vide order dated 02.12.2021, held that the Opposite Paty No.5 being the only qualified candidate ought to have been selected and therefore, directed the CDPO, Boudh to issue engagement letter in her favour. Said order is impugned in the writ application. 3. Counter affidavit has been filed on behalf of the State Opposite Party wherein the basic facts have not been disputed. However, the impugned order is sought to be justified by stating that in the meeting held on 19.02.2021 under the Chairmanship of CDPO, Lady Supervisor, Health Worker and Ward Members were present as also 23 women members of the concerned village. Accordingly, the matter was considered. 4. The petitioner has filed a rejoinder specifically taking the stand that the meeting of the Mahila Sabha held on 19.02.2021 was ultimately abandoned and no one was selected as Anganwadi Helper. Page 3 of 7 5. Heard Mr. B.B.Mishra, learned counsel for the petitioner and Mr. A.R.Dash. learned State counsel. Be it noted that despite valid service of notice the Opposite Party No. 5 choose not to appear. 6. Reading of the impugned order reveals that the ADM in course of hearing found that a meeting of the Mahila Sabha was held on 19.02.2021 at 2 p.m. In the said meeting the Supervisor, Mursundi and Health Worker were absent and others including 23 women of the village were present and 3 candidates had applied. Two were found to be not eligible while Basanti Amat (Opposite Party No.5) was found to be suitable having matriculation qualification. However, the meeting was abandoned and no one was selected. The ADM took the view that the applicant Basanti Amat (Opposite Party No.5) is the only candidate to have passed matriculation examination and the majority of women of the village present had supported her case. Accordingly, the ADM directed for her engagement. Mr. Mishra submits that firstly the no notice inviting applications was ever issued by the CDPO as provided in the guidelines. Secondly, the Mahila Page 4 of 7 Sabha was abandoned as admitted by the CDPO before the ADM. 7. Mr. A.R.Dash, learned AGA also fairly submits on the basis of records that the Mahila Sabha held on 19.02.2021 remained inconclusive as regards selection of Anganwadi Helper and it was abandoned for want of the necessary members. This Court finds that as per the guidelines issued by the Government on 24.11.1997 for selection of helpers for Anganwadi Center there is no mention of any eligibility condition for the candidate of being a matriculate. It is rather mentioned that preference shall be given to orphan, widow, separated, divorced or deserted women. Further, the selection is to be made by a committee under the Chairmanship of the CDPO with the Supervisor and ANM of the area being members. It is clearly provided that the selection is to be made by a duly constituted committee along with the members of the Mahila Sabha. In the case at hand, it is evident from the impugned order itself that in the meeting held on 19.02.2021 only the Supervisor was present but the Health Worker and Ward Member of the village were Page 5 of 7 absent. This by itself makes the committee incompetent to select a candidate. That apart, there is no requirement of any candidate having passed the matriculation examination. The ADM despite noting the absence of the members of the Committee as per the guidelines, held that the Opposite Party No. 5 is suitable to be engaged only because she has matriculation qualification and her name was recommended by the women of the village. Obviously, the ADM has no power to make selection on his own in the absence of any recommendation by a duly constituted Selection Committee. As such the impugned order cannot be sustained in the eye of law.
Decision
8. For the foregoing reasons therefore, the writ application is allowed. The impugned order dated 02.12.2021 under Annexure 9 passed by the ADM is hereby quashed. The Collector, Boudh is directed to pass necessary orders for constitution of selection committee for the purpose of making fresh selection of Anganwadi Helper of the concerned Anganwadi Centre strictly in accordance with the Government guidelines referred above. The above exercise Page 6 of 7 shall be completed within a period of two months from the date of production of certified copy of this order by the petitioner. Deepak ……..………………….. Sashikanta Mishra, Judge Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 24-Jul-2024 18:54:25 Page 7 of 7