The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22551 of 2022 Puspalata Nayak @ Roul …. Petitioner(s) Miss Babita Kumari Pattanaik, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Ch. Satyajit Mishra, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 10.10.2023 10. 1. This matter is taken up through hybrid arrangement. 2. Through this Writ Petition the Petitioner challenges the order dated 10.08.2022 passed by the Director, ICDS & SW, Government of Odisha, Department of Women & Child Development/Annexure- 9. 3. The brief fact of the case in brevity remains:- (i) Pursuant to the notice/advertisement dated 22.04.2006 the Petitioner applied for the post of Anganwadi Worker in respect of Kareipur Gopalsahi Anganwadi Centre. Thereafter, cancelling the above notification/advertisement dated 22.04.2006 another
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 notice was issued on 03.05.2009 thereby inviting Page 1 of 11 // 2 // application in respect of 32 Additional Anganwadi Centres, where Kareipur Gopalsahi Anganwadi Centre finds place at Sl.No.21. It is pertinent to mention here that challenging the cancellation of the selection process in response to the notice dated 22.04.2006 the Petitioner filed a Writ Petition bearing W.P.(C) No.6960 of 2007 before this Court. Thereafter, upon hearing the matter this Court
Decision
vide order dated 31.10.2007 disposed of the above noted Writ Petition being premature. (ii) Thereafter, the Petitioner and Laxmipriya Barik along with other aspirants applied for the post of Anganwadi Worker in respect of Kareipur Gopalsahi Anganwdi Centre. Upon submission of application, the Selection Committee on 15.10.2007 selected Laxmipriya Barik as Anganwadi Worker in respect of Kareipur Gopalsashi Anganwadi Centre since Harapriya Das, who had secured highest mark, withdrew her application. (iii) Upon conclusion of the above selection process, the Petitioner came to know that Laxmipriya Barik had submitted forged certificates to be selected. Accordingly, the Petitioner submitted an application before the Collector, Bhadrak/Opposite Party No.3. Upon Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 hearing the Petitioner, the Collector, Bhadrak rejected Page 2 of 11 // 3 // such application of the Petitioner on the ground that in order to prove the genuineness of the certificate, the Petitioner should approach the appropriate forum. Being aggrieved with such order, the Petitioner preferred an appeal before the Director, ICDS & Social Welfare Department of Women & Child Development/Opposite Party No.2 for taking appropriate action against Laxmipriya Barik. (iv) Upon hearing the appeal, the Director/Opposite Party No.2 directed the Child Development Project Officer, ICDS Project, Bhadrak/Opposite Party No.5 to cause an inquiry into the matter. Accordingly, on 26.07.2008, the Opposite Party No.5 submitted a report stating that Laxmipriya Barik was a student of Champua Girls High School from 15th July, 1994 and appeared in the Annual Supplementary Examination held in the year 1997, but remained unsuccessful in such Examination. At the same time, the certificate of Laxmipriya Barik shows that she has completed Madhyama Examination in the year 1998 being placed in 2nd Division and she was a regular student in Gadadhar Sanskrit Vidyalaya, Nathasahi, Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 Jajpur from 14.08.1995 to 31.05.1998. Page 3 of 11 // 4 // (v) Since no action was taken on the representation of the Petitioner, the Petitioner again approached this Court through W.P.(C) No.11847 of 2009, which was disposed of vide order dated 31.08.2009 with a direction that if the Petitioner submits a fresh representation along with a copy of the order dated 31.08.2009, the Director, ICDS & Social Welfare Department of Women & Child Development/Opposite Party No.2 shall conduct an inquiry and pass an appropriate order after giving opportunity of hearing to all concern. (vi) In compliance to the above order of the Court, Director, ICDS & Social Welfare Department of Women & Child Development/Opposite Party No.2 directed both the Petitioner and Laxmipriya Barik to appear before him on 23.11.2009 for hearing of application of the Petitioner. It is pertinent to mention here that though the Petitioner appeared before the Director/Opposite Party No.2 on the effective date, no order was passed on such application. (vii) Thereafter, on 04.02.2010, the Petitioner again submitted a representation before the Director, Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 Secondary Education, Odisha to conduct an inquiry on Page 4 of 11 // 5 // the certificate submitted by Laxmipriya Barik, how she prosecuted her study in two Institutions at same time. Pursuant to such representation of the Petitioner, the Director of Secondary Education caused an inquiry and came to the conclusion that Laxmipriya had managed to get admission at Madhyama course at Gadadhar Sanskrit Vidyalaya by producing false certificate from Daridranaraya Vidyapita, Alati, Keonjhar and accordingly, instructed the Collector-cum-District Magistrate, Bhadrak for taking action against Laxmipriya Barik. (viii) Thereafter, Laxmipriya Barik challenged the order dated 14.02.2011 passed by the Deputy Director (Hindi & Sanskrit), Orissa before this Court through W.P.(C) No.6714 of 2011 and this Court vide order dated 29.04.2015 while setting aside the order dated 14.02.2011 on the ground that no opportunity of hearing was provided to Laxmipriya Barik prior to passing of such order, also directed the Opposite Party No.2 to take a final decision in the matter after providing opportunity of hearing to both the parties within a period of eight weeks from the date of receipt of order. Thereafter, being Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 aggrieved with the order dated 29.04.2015, Laxmipriya Page 5 of 11 // 6 // Barik filed an appeal vide W.A. No.364 of 2015, where no notice has been issued as yet. (ix) Thereafter, since the order of this Court was not complied with within the time, the present Petitioner filed a Contempt Petition vide CONTC No.265 of 2016 and in the said case notice was issued on 22.03.2016. Upon issuance of notice, the Opposite Party No.2 on 13.09.2017 requested the Controller of Examination, Sri Jagannath Sanskrit Viswavidyalaya, Sri Vihar, Puri to cause an inquiry and submit a report on the certificates submitted by Laxmipriya Barik. Thereafter, a Committee was constituted consisting of the Chairman, P.G. Council, Registrar and Controller of Examination. Accordingly, the Committee on 25.03.2019 submitted its report thereby making its conclusion that though Laxmipriya Barik did not have the basic eligibility to appear in the Madhyama Examination, 1998, she managed to appear in the said Examination. The Committee also left the question regarding “validity of the certificate” open to be decided by the competent body of the University. (x) It is pertinent to mention here that in the said inquiry a stand was taken not to proceed with the matter, Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 since a Writ Appeal vide W.A. No.364 of 2015 is pending Page 6 of 11 // 7 // before this Court. Therefore, taking the plea of pendency of the Writ Appeal, the recommendation of the Enquiring Committee for taking a decision on the validity of the certificate awarded to Laxmipriya Barik, has not been placed before the appropriate body of the University. (xi) Thereafter, upon getting information through the RTI Act the Petitioner submitted a representation before the authority concerned for taking appropriate action for cancellation of the certificate submitted by Laxmipriya Barik and consequential action in the matter. (xii) Thereafter, the Petitioner filed Writ Petition vide W.P.(C) No.29090 of 2019 with a prayer to place the recommendation of the Enquiry Committee before the appropriate authority for taking a final decision on the aspect of cancellation of the Madhyama certificate submitted by Laxmipriya Barik and also for taking a consequential action for engagement of the Petitioner as Anganwadi Worker in respect of Kareipur Gopalsahi Anganwadi Centre. (xiii) After hearing the parties, this Court vide order dated 10.01.2020 disposed of the Writ Petition vide W.P.(C) No.29090 of 2019. The relevant portion of the Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 order dated 10.01.2020 is extracted herein below:- Page 7 of 11 // 8 // the “Considering limited grievance of the petitioner, this Court without expressing any opinion on the merits of the case, disposes of the writ petition directing opposite party no.3 the representation filed by the petitioner vide Annexure- 11 series and pass appropriate order within a period of three months from the date of production of certified copy this order.” to consider (xiv) It is averred herein that the Registrar, Sri Jagannath Sanskrit University, Srivihar issued a notification on 17.06.2022 stating therein that the result of Madhyama Examination, 1998 declared by the Jagannath Sanskrit Viswavidyala, Srivihar, Puri in respect of Laxmipriya Barik, D/o. Ratnakar Barik (appeared as a regular candidate) was cancelled and the Provisional Certificate-cum-Memorandum of marks issued vide Sl.No.9804232 and original certificate issued vide Sl.No.9804465 in her favour was withdrawn and the same is automatically treated as cancelled. 4. At this juncture, learned counsel for the Petitioner submits that on the basis of the above decision of the Registrar, Sri Jagannath Sanskrit University, the Commissioner-cum-Secretary, Women & Child Development Department/Opposite Party No.1 vide order dated 10.08.2022/Annexure-9 declared the engagement of Laxmipriya Barik as invalid and Page 8 of 11 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 // 9 // accordingly, directed the Sub-Collector, Bhadrak to take necessary steps for engagement of a new Anganwadi worker in respect of Kareipur Gopalsahi Anganwadi Centre under the Bhadrak ICDS project in Bhadrak district. 5. It is, in the process, learned counsel for the Petitioner challenges the impugned order dated 10.08.2022/Annexure-9 on the premises that since the present Petitioner was selected/placed next to Laxmipriya Barik, whose engagement has been declared as invalid, there should not have been a direction for publication of a fresh advertisement for engagement of new Anganwadi worker in respect of Kareipur Gopalsahi Anganwadi Centre. The relevant portion of the order dated 10.08.2022/Annexure-9 is extracted herein below:- “In the meantime, the Registrar, Shri Jagannath Sanskrit University, Shri Vihar, Puri issued the Notification No-1316 dt. 17.06.2022 stating that, the results of Madhyama Examination 1998 declared by Shri Jaannath Sanskrit Vishwavidyalaya, Shri Vihar, Puri in respect of Laxmipriya Barik, D/O- Ratnakar Barik, Roll No- M-06102 (appeared as a regular candidate of Gadadhar Sanskrit Vidyalaya, Nathsahi, is hereby cancelled and the Provisional Jajpur) Certificate-cum-Memorandum of Marks issued vide SL. No – 9804232 and the original certificate issued vide Sl. No. 9804465 in her favour are hereby withdrawn and automatically treated as cancelled. Page 9 of 11 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 // 10 // Whereas, as per the Orders dt. 10.01.2020 passed in W.P. (C) No-29090 of 2019 and orders dt. 14.02.2022 passed in CONTC No-7459 of 2021 arising out of W.P. (C) No.29090 of 2019 and after going through the Representation dt. 20.06.2019 of Puspalata Nayak, and the Notification issued by the Registrar, Shri Jagannath Sanskrit University, Shri Vihar, Puri, the following decisions are taken: 1. As Madhyama Pass Certificate of Smt. Laxmipriya Barik is declared as invalid by the Shri Jagannath Sanskrit University, Shri Vihar, Puri she is not entitled to continue as Anganwadi Worker henceforth. Immediate her disengagement by the concerned Sub-Collector, and CDPO. 2. Accordingly, Sub-Collector, Bhadrak may take necessary steps in the process of engagement of new Anganwadi Worker in Kereipur, Gopalsahi Anganwadi Centre under Bhadrak ICDS Project in Bhadrak district. should action taken for be 6. It is, in the above circumstance, learned counsel for the Petitioner prays for a direction from this Court to the Collector, Bhadrak/Opposite Party No.3 as well as the Child Development Project Officer, ICDS Project, Bhadrak/Opposite Party No.5 for appointing the present Petitioner as an Anganwadi worker in respect of Kareipur Gopalsahi Anganwadi Centre. 7. Challenging the above stand of the Petitioner, learned counsel for the State submits that since Laxmipriya Barik has been disengaged from the post of Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 Anganwadi worker in respect of Kareipur Gopalsahi Page 10 of 11 // 11 // Anganwadi Centre, there should be a fresh recruitment process for the post of Anganwadi worker in respect of Kareipur Gopalsahi Anganwadi Centre. He, accordingly, prays for dismissal of the writ petition. 8. Considering the rival contentions of the parties, looking to the factual scenario of the case and since the present Petitioner is the only suitable candidate after disengagement of Laxmipriya Barik, though this Court does not find any infirmity in the impugned order dated 10.08.2022/Annexure-9, modifies the decision at Sl.No.2 of the order dated 18.08.2022, which is also reflected hereinabove. This Court, accordingly, directs the Child Development Project Officer, ICDS Project, Bhadrak/ Opposite Party No.5 to engage the present Petitioner as an Anganwadi worker in respect of Kareipur Gopalsahi Anganwadi Centre and fill up the vacancy at least within a period of one week from the date of presentation of an authenticated copy of this order. 9. This Writ Petition is, accordingly, disposed of with the above order. Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Ayaskanta Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:42 Page 11 of 11