The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17994 of 2022 (In the matter of an application under Articles 226 and 227 of the Constitution of India, 1950) Sabitri Deheri …. -versus- Petitioner(s) State of Odisha & Ors. …. Opposite Party(s) Advocates appeared in this case through Hybrid Arrangement Mode: For Petitioner(s) For Opposite Party(s) : : Mr. Manas Pati, Adv. Mr. Mr. Dhananjaya Mund, AGA for O.Ps.1 to 4 Smt. Sailabala Jena, Adv. for O.P.5 CORAM: DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-23.11.2023 DATE OF JUDGMENT: -22.12.2023 Dr. S.K. Panigrahi, J.
Facts
1. The Petitioner through this Writ Petition has challenged the action of the Opp. Party No. 2 where direction was issued for disengagement of the petitioner from the post of Anganwadi Worker which was given earlier by the Opp. Parties under Annexure-2 with duly constituted selection process. I. FACTUAL MATRIX OF THE CASE: 2. The fact of the case is that the CDPO, ICDS, Birmaharajpur invited application for the post of Anganwadi Worker for Amarpali Centre No. 3 (from the house of Arjun Bishi to Sukru Bhoi) vide advertise No. 1567 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 1 of 8 dated 03.11.2016. As per the advertisement, the present petitioner and Opp. Party No.5 applied for the said post. After verification of documents, a merit list was prepared by the selection committee. 3. As per the merit list since the petitioner secured higher scores/marks (i.e. 69.8%) than the Opp. Party No. 5 (i.e. 59.25%), the appointment letter was issued in favour of the petitioner vide letter no. 329 dated 25.05.2017. Accordingly the petitioner joined as Anganwadi worker in Amarpali Anganwadi centre-3 on dated 26.05.2017. 4. The Opp. Party No. 5 raised an objection before the Sub-Collector, Birmaharajpur on 24.11.2016 stating therein that the petitioner was applicant for Amarpali centre-II, and the survey of Anganwadi centre No. 3 Amarpali was not made properly. The allegations made by the Opp.party No. 5 were not correct as there were two AWC centre functioning prior to advertisement of AWC No. 3.
Legal Reasoning
5. The Opp. party No. 5 also approached this Court in W.P.(C) No. 2495 of 2017 and submitted here that "The survey in respect of Amarpali centre No. 3 has been made properly." However, the Sub-Collector rejected the claim of the Opp. party No. 5, for which she approached once again before this Court in W.P.(C) No. 10982 of 2017. This Court in its order dated 10.07.2017 directed to file an appeal before the Opp. Party No. 2. 6. Accordingly the Opp. party. No. 5 filed an Anganwadi appeal No. 08 of 2017 and the petitioner filed the written notes of argument in the said appeal. However, the Opp. party No. 2 without considering the grounds taken in the written notes properly directed for Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 2 of 8 disengagement of the petitioner which clearly violates the law and is no nest in the eye of law, hence the same is liable to be quashed. Hence challenging the same, this writ has been filed. II. PETITIONER’S SUBMISSIONS: 7. Learned counsel for the Petitioner(s) earnestly made the following submissions in support of his contentions: 8. In the present case, the survey list of the centre area of AWC No.3, Amarpali, was prepared much prior to the advertisement, without any objection from any quarter where in the name of the head of the family and number of family members has been reflected. Further the name of the petitioner is found placed in SI No.62, House No.17, Family No.16. Moreover, the petitioner residing over Plot No.1008 of Khata No.144 constructing a pucca house with electric connection in the name of Tapan Kumar Sahu stands recorded in the name of Darsania Sahu, father-in-law of the petitioner. It comes under the centre area of the AWC No.3, Amarapali. 9. The said survey list is well defined, clear and in accordance with the guideline, as such it is clearly mentioned in the advertisement that the AWC No.3 Amarpali and its service area would be from Arjuna Bishi to Sukru Bhoi. There is also no objection at any point of time as regards to the service area fixed by the authority for AWC No-3, Amarpali prior to the Advertisement, for the said post. The survey list as such stand valid and genuine and no evidence contrary to its validity in the record. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 3 of 8 10. The merit list/ scrutiny sheet prepared by the selection committee clearly discloses that the present petitioner has obtained highest marks i.e. 69.8% and the appellant has obtained 59.25% in the HSC Examination. The final list/ comparative statement of the committee is completely indicating the legal and genuine act of the selection committee. Hence it is sustainable in the eye of law. There is no Contrary evidence to the effect that the entry vide Sl. No-62 of the survey list is wrong in any way. 11. Further the report prepared by the Anganwadi workers and the supervisor on the direction of the CDPO fully supports the case of the petitioner that she belongs to the service area. The said survey list is prepared and submitted in due discharge of official duty, hence the survey list is valid official documents U/s 35 of the evidence act and there is no contrary evidence is found in the record. 12. It is essential to appreciate and note that all the documentary evidence are in support of the petitioner and sufficiently proved that the petitioner reside within the service area of the AWC No-3, Amarpali. On the other hand no documentary evidence is in the record nor sufficiently proved by the Opp. Party No.5 that the petitioner does not belong to service area as such selection of the petitioner is legal, genuine and proper as per the guideline and principle of law. III. SUBMISSIONS OF OPPOSITE PARTY NO.5: 13. Per contra, learned Counsel for the Opp. Parties intently made the following submissions: Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 4 of 8 14. The order of the Opp. Party No.2, i.e. Additional District Magistrate, Subarnapur is not illegal but strictly as per the law. Hence, the order passed by the Opp. Party No.2 should be immediately implemented and the Petitioner should be removed from the post of Anganwadi Worker of Amarpalli-III Anganwadi Centre, since she is not a resident of the service area of Amarpalli-III Anganwadi Centre. 15. The appointment letter was wrongly issued to the Petitioner and she is not eligible to be appointed as Anganwadi Worker of Amarpalli- III Anganwadi Centre as the Petitioner is not a resident within the service area of the Amarpalli-III Anganwadi Centre. 16. The Opp. Party No.5 has nothing to say as far as the fact which is on record, but the Opp. Party No.5 disputes the survey in respect of the Amarpalli-III Anganwadi Centre because even if the Petitioner is not a resident of the area of Amarpalli-III Anganwadi Centre, her name was improperly and illegally inserted with the purpose of becoming a candidate for Anganwadi worker in the Amarpalli-III Anganwadi Centre, which was consequently rectified by the Learned ADM, Subarnapur in Anganwadi Appeal No.8 of 2017. 17. While disposing of the Anganwadi appeal, the Ld. ADM could know that, the Petitioner has claimed to be a resident of two places, one which comes under the Service area of Amarpalli- II Anganwadi Centre and another under service area of Amarpalli-III Anganwadi Centre. The Petitioner was also a candidate for Amarpalli-II Anganwadi Centre, hence she cannot be a candidate for Amarpalli- III
Decision
Anganwadi Centre. Under Para-6(1) of the Writ Petition, the Petitioner Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 5 of 8 claims that, she has a house bearing Plot No. 1008 of Khata No.-144. That is not sufficient to prove that she is a resident of that particular plot as the voter list says that she is a resident of Amarpalli-II Anganwadi Centre service area and not a resident of Amarpalli-III Anganwadi Centre service area. 18. The service area of Amarpalli-III Anganwadi Centre starts from the house of Arjuna Bisi to Sukru Bhoi. If the voter list of 2016 is taken into account, the house of Arjuna Bisi is at Serial No.471 and the house of Sukru Bhoi is at Serial No.668. Within these Serial Numbers, the name of the Petitioner or her relatives are not there. Rather the Serial No. of the Petitioner and her relatives are at No.580 & 579. Hence, it can be well concluded that the Petitioner is not a resident within the service area of Amarpalli-III Anganwadi Centre. Since the Petitioner is not a resident of the service area under Amarpalli-III Anganwadi Centre, she is not eligible to be a worker at Amarpalli-III Anganwadi Centre. 19. The Opp. Party No.5 has made many complaints at various point of time regarding inserting of the name of the Petitioner within the service area of Amarpalli-III Anganwadi Centre and the survey list was challenged by the Opp. Party No.5 before various authorities including the Learned ADM, Subarnapur in Anganwadi Case No.8 of 2017. 20. The Petitioner is not a resident within the service area of Amarpalli-III Anganwadi Centre about which, the judgement of the ADM Subarnapur is exhaustive and clear. It is further submitted that, the Judgment of the ADM Subarnapur is based on the report of the CDPO Biramaharajpur, which says that the Petitioner and her husband live Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 6 of 8 within the service area of AWC-II, not within the service area of AWC- III. The above report of the CDPO Biramaharajpur is in pursuance to the order of the Sub-Collector Biramaharajpur. 21. Apart from the above, the Petitioner has not filed the resident certificate issued under the Orissa Miscellaneous Certificate Rules to prove that, she is a resident within the area of Amarpalli-III Anganwadi Centre. Rather the Opp. Party No.5 hereby files her residence certificate along with the report of the CDPO Biramaharajpur. IV. COURT’S REASONING AND ANALYSIS: 22. As per advertisement No-1567, dtd.03.11.2016 application had been invited for the post of Anganwadi Worker of the village Amarpali- 3 along with many other Anganwadi Centre in order to fill up the vacancies. The area for the AWC of village Amarpali-3 as per advertisement was from the house of Arjun Bishi to Sukru Bhoi. 23. As per advertisement, three candidates had applied for the post of Anganwadi Worker namely (1) Sabitri Deheri (2) Malati Kumbhar (3) Dipanjali Nag. After receiving applications for the candidates, the comparative statement had been prepared after verification of all relevant documents of the applicants. The then Selection committee members decided with available documents that Sabitri Deheri was selected as Anganwadi worker for Amarpali-3 Centre. Being aggrieved of the appointment of Sabitri Deheri as Anganwadi Worker of Amarpali-3 Anganwadi Center, Malati Kumbhar filed an appeal before the learned court of Additional District Magistrate, Subarnapur vide Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 Page 7 of 8 Anganwadi Appeal No. 08 of 2017. The ADM allowed the appeal stating that there is a clear fabrication in the residence list and certificate. 24. The petitioner belongs to Amrapali-2 Anganwadi Center, which is clear from the survey report but inadvertently she was engaged in Amrapalli-3 Anganwadi Center. Challenging such appointment of the petitioner, one Malati Kumbhar, Opp. Party No.5, filed an appeal before the learned court of Additional District Magistrate, Subarnapur vide Anganwadi Appeal No. 08 of 2017. Taking into consideration of all the above facts the learned ADM passed the order to quash the engagement of Sabitri Deheri as a Anganwadi Worker of Amarpali-3 AWC. The CDPO, Birmaharajpur was directed to disengage Sabitri Dehery and issue engagement order in favour of Malati Kumbhar with due approval of Sub-Collector, Birmaharajpur-cum- Chairman Anganwadi Selection Committee. 25. With respect to the aforesaid discussion, the Opposite Parties and the survey report have proved that the petitioner does not belong to the Amrapalli-3 Anganwadi Center. Therefore, this Court is not inclined to entertain the prayer of the Petitioner. Accordingly, this Writ Petition is dismissed. 26. Interim order passed earlier stands vacated. Orissa High Court, Cuttack, Dated the 22nd Dec., 2023/ Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Feb-2024 18:25:32 (Dr. S.K. Panigrahi) Judge Page 8 of 8