S. A.Das, M.R.Dash,S.A.K.Dora, Advocates v. For Opp. Parties
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 13154 of 2022 WP(C) No. 16096 of 2022 Applications under Articles 226 & 227 of Constitution of India. WP (C) No. 13154 of 2022 --------------- Smt. Sunita Mallik …. Petitioner -versus- State of Odisha and Others …. Opp. Parties WP(C) No. 16096 of 2022 Kumari Khara ……. Petitioner -versus- State of Odisha and Others …. Opp. Parties Advocate(s) appeared in this case:- _______________________________________________________ For Petitioner
Legal Reasoning
: Mr. S.K. Ojha, S.K. Nayak & A.K.Dash For Opp. Parties Advocates. Vs. : Mr. R.N.Mishra, Additional Government Advocate [in WP(C) No. 13154 of 2022] For Petitioner A.K.Mohanty : M/S. A.Das, M.R.Dash,S.A.K.Dora, Advocates Vs. For Opp. Parties : Mr. A. Das, [ in WP(C) No. 16096 of 2022] CORAM: JUSTICE SASHIKANTA MISHRA Page 1 of 8 JUDGMENT 24th February, 2023 SASHIKANTA MISHRA, J. Both the writ applications are directed against the same order passed by learned A.D.M., Jajpur i.e., order dated 13.04.2022 passed in A.W.W. Misc.(appeal case No.3 of 2021). 2. The brief facts of the case are that the petitioner in W.P.(C). No. 13154 of 2022, namely, Ms. Sunita Mallik seeks to challenge the impugned order whereby her engagement as Anganwadi Worker was cancelled. The petitioner in W.P.(C). No. 16096 of 2022 seeks to challenge the same order to the extent direction was issued to the selection committee to take appropriate steps for selection of Anganwadi Worker as per provision of the guidelines issued by W & CD Department, Govt. of Odisha, Bhubaneswar. 3. For convenience, both the petitioners are referred to by their names. 4. Pursuant to advertisement dated 19.07.2021 for engagement of Anganwadi Worker of different Aganwadi Centres, both Sunita Mallik and Kumari Khara applied for Page 2 of 8 Jari North Anganwadi Centre. After scrutiny of the documents submitted by all the candidates, the selection committee prepared a list of four candidates and objection was invited. Since no objection was submitted during the stipulated period of 7 days, the matter was placed before the selection committee on 27.08.2021, which selected the Sunita mallik as Anganwadi Worker for the centre in question. Accordingly, appointment letter was issued on 02.09.2021. Kumari Khara being the non-selected candidate preferred the aforementioned appeal before the A.D.M., Jajpur challenging the selection of Sunita Mallik on two grounds: (i) She is not an inhabitant of the service area of the Anganwadi Centre and (ii) She does not know Odia language nor able to read and write the same. 5. The A.D.M., Jajpur issued notice of the appeal to Sunita Mallik as well as the C.D.P.O., Binjharpur. The C.D.P.O. in his written submission stated that as per clarification received from W & CD Department dated 22.05.2010 the candidates should have knowledge in Odia and that the respondent No.1 (Sunita Mallik) can speak, write and read in Odia and therefore, the selection is genuine. In course of hearing, a certificate issued by Ahamadpur Primary School, Rajkanika, Kendrapara was Page 3 of 8 submitted on behalf of Sunita Mallik showing her to have passed Class-V in Odia medium. The genuineness of such certificate being challenged by the appellant, the Director of Social Welfare was asked to issue clarification. Accordingly, the District Education Officer, Kendrapara submitted that the school certificate is fake. On such basis, the A.D.M. held that the selection committee had not properly verified the documents and therefore, the selection of Sunita Mallick was wrong. The appeal was thus allowed and the appointment of Sunita Mallik was set aside. 6. Heard Mr. S.K. Ojha, learned counsel for the petitioner Sunita Mallik and Mr. Ashok Das, learned counsel for the petitioner-Kumari Khara. Also heard Mr. R.N.Mishra, learned Additional Government Advocate for the State. 7. A perusal of the advertisement issued for engagement of Anganwadi workers in different Anganwadi centres, copy of which has been enclosed as Annexure-1 to the writ petition, reveals that one of the eligibility conditions is that the candidates must be able to write and read odia language. No qualification in odia as such is prescribed. In the calculation sheet enclosed as Annexure- Page 4 of 8 3 to the writ application, it is stated under the remarks column against the name of the Sunita Mallik that she has passed in English medium. Her educational testimonials also prove the same. As has already been stated hereinbefore, the C.D.P.O., Binjharpur in her written submission before the appellate authority clearly stated that Sunita Mallick can speak, write and read in Odia. Even before this Court the C.D.P.O, in her letter addressed to the Advocate General on 30.01.2023 stated that Smt. Sunita Mallik secured highest mark as per the evaluation, and stated as follows: Smt. Sunita Mallik secured highest mark as per the evaluation. The committee during interaction with the candidates on the date of verification was convicted that Smt. Sunita mallik could speak and understand Odia. She was also able to sign in Odia. Apart from this, the residential certificate of Smt. Mallik shows that she is residing in area since three years. In view of the above, the Committee was convinced that Smt. Mallik secured the highest mark. There is no reason to doubt the veracity of the aforesaid letter. 8. Coming to the question of submission of fake certificate, it is submitted by Mr. S.K.Ojha, that his client had no knowledge of submission of same and her advocate may have produced the same after obtaining it from some source. This is a palpably unbelievable plea. Nevertheless, Page 5 of 8 it is seen that the District Education Officer, Kendrapara in his letter dated 20.01.2022 informed the A.D.M., Jajpur that after verification of the relevant records of the school, the Headmaster stated that the school leaving certificate issued in favour of Smt. Mallick is a fake and forged one. Copy of the letter dated 03.01.2022 of the Headmaster was also enclosed to the letter of DEO. This Court has already held that the conditions of the engagement as per guidelines issued by the Government in W & CD Department do not mandate that the candidate must possess any qualification in Odia. All that is required is their ability to read and speak Odia. The selection committee categorically observed that Smt. Sunita Mallik is capable of speaking, writing and reading Odia. It is nobody’s case that the finding as above of the selection committee is erroneous or actuated with malafides. Therefore, even ignoring the certificate supposedly produced by the Advocate of Smt. Sunita Mallik during hearing of the appeal, she is found to be eligible for appointment. Even otherwise, merely on the basis of a letter purportedly written by the Headmaster of the concerned school, it cannot be conclusively held that the Page 6 of 8 certificate in question is fake and forged, without conducting a proper enquiry into the school records. To such extent therefore, the appellate authority appears to have proceeded entirely on an erroneous premise for which the impugned order becomes susceptible to challenge. 9. In so far as Kumari Khara is concerned, admittedly she secured 66.83% of marks as against 72% marks secured by Smt. Sunita mallik and was thus placed at Serial. No.2. Her claim if any, can be considered only if the candidature of Smt. Sunita mallik is rejected and held invalid for any reason. As already stated, this Court has found no reason to find fault with the decision of the selection committee in appointing, Smt. Sunita Mallik as Anganwadi Worker. Consequently, the claim of Kumari Khara must fail. 10.
Decision
For the foregoing reasons therefore, W.P.(C). No. 13154 of 2022 is allowed. The impugned order passed by A.D.M., Jajpur is hereby quashed. Consequently, the communication made to the petitioner by the C.D.P.O., Binjharpur under Annexure-8 is also quashed. Smt. Sunita Mallik shall be allowed to continue as Anganwadi Worker in the concerned Anganwadi Centre. Page 7 of 8 11. W.P.(C). No.16096 of 2022 being found to be devoid of merit stands dismissed. ..……..………………….. Sashikanta Mishra, Judge Orissa High Court, Cuttack, The 24th February, 2023/ Deepak, Jr.Steno Page 8 of 8