Patna High Court
Case Details
ORISSA HIGH COURT : CUTTACK W.A. No.1808 of 2023 In the matter of an Appeal under Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948 *** Ranjita Nayak Aged about 32 years Wife of: Pravat Kumar Barik At: Dalak (College Road) P.O./P.S.: Odagaon District: Nayagarh. … Appellant (Petitioner in the writ petition). -VERSUS- 1. Sub-Collector-cum-Chairman Selection Committee Integrated Child Development Scheme Project Nayagarh At/P.O./P.S./District: Nayagarh. 2. Tahasildar, Odagaon At/P.O.: Odagaon, District: Nayagarh. 3. Block Development Officer, Odagaon At/P.O.: Odagaon, District: Nayagarh. WA No.1808 of 2023 Page 1 of 45 4. Child Development Project Officer, Odagaon At/P.O.: Odagaon, District: Nayagarh. 5. Additional District Magistrate, Nayagarh At/P.O./P.S./District: Nayagarh. 6. Rashmirani Dora Wife of Purna Chandra Dora At: Dalak (College Road) P.O./P.S.: Odagaon District: Nayagarh … Respondents (Opposite parties in the writ petition). Counsel appeared for the parties: For the Appellant : M/s. Bhabani Sankar Tripathy, Manmaya Kumar Dash, Soubhagya Kumar Rath, Advocates For the Respondent Nos. 1 to 5 : Mr. Rabi Narayan Mishra, Additional Government Advocate For the Respondent No. 6 : Mr. Laxmikanta Mohanty, Rasmita Das, Sumanta Das Advocates P R E S E N T: THE HONOURABLE CHIEF JUSTICE MR. CHAKRADHARI SHARAN SINGH AND THE HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 19.03.2024 :: Date of Judgment : 27.03.2024 WA No.1808 of 2023 Page 2 of 45 J UDGMENT MURAHARI SRI RAMAN, J.— THE CHALLENGE: Assailed in this intra-Court appeal invoking provisions of Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, is the Order dated 07.07.2023 of the learned Single Judge while disposing of the Writ Petition bearing W.P.(C) No.11408 of 2017 in the matter of Articles 226 and 227 of the Constitution of India, whereby the appellant (Petitioner in the writ petition) prays for the following relief(s): “It is therefore prayed that this Hon‟ble Court may graciously be pleased to admit this writ appeal, issue notice to the respondents, call for entire selection records from the court below and after hearing the counsel for the parties be pleased to allow the appeal by setting aside the order dated 07.07.2023 under Annexure-4 passed by this Hon‟ble Single Judge in W.P.(C)No. 11408 of 2017. And pass any other order/orders, direction/directions as this Hon‟ble Court would deem fit and proper in the facts and circumstances of the case. And for the said act of kindness, the appellant shall as in duty bound ever pray.” WA No.1808 of 2023 Page 3 of 45 THE FACTS: 2. Facts as adumbrated by the appellant reveals that responding to Notification dated 07.01.2011 which was published by the Child Development Project Officer, Odagaon (abbreviated, “CDPO”, for convenience) for engagement of Anganwadi Worker in the Dalak (Gha) Anganwadi Centre (for brevity referred to as, “Anganwadi”), which comprises of Dalak-Goudasahi and College Road, the appellant along with other twelve candidates made an application offering her candidature. 2.1. It is claimed that being selected by the Selection Committee, Odagaon Integrated Child Development Service Programme (“ICDS”, for short), the appellant was engaged in Dalak „Gha‟ Anganwadi Centre, and she has been continuing to discharge her function as Anganwadi Worker.
Legal Reasoning
2.2. Two of the applicants namely Ms. Rashmirani Dora (respondent No. 6) and Ms. Sandhyarani Mishra, having preferred appeals, registered as Anganwadi Appeal Nos. 14 and 15 of 2011 before the respondent No.5- Additional District Magistrate, Nayagarh, which resulted in dismissal by Order dated 21.02.2012 indicating that the present appellant was rightly selected as Anganwadi Worker in subject-Anganwadi Centre; thereby the WA No.1808 of 2023 Page 4 of 45 appellant is considered to be resident of the College Road area at Plot No.736/3284 in Khata No. 350/2707 which is part of the Dalak (Gha) Anganwadi Centre. 2.3. Aggrieved by rejection order, both the applicants (appellants before the Additional District Magistrate), presented writ petitions, registered as W.P.(C) No. 5963 of 2012 and W.P.(C) No. 6220 of 2012, invoking extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India. Said writ
Decision
applications came to be disposed of by a common Order on 02.08.2016 with the direction to the Additional District Magistrate, Nayagarh to adjudicate the issue as per law within eight weeks from the date of receipt of order after providing opportunities of hearing to all affected parties. 2.4. In compliance of such direction of this Court the Additional District Magistrate having heard both the appeals, passed the final Order on 11.01.2017 and concluded as follows: “Having heard both the parties to the dispute and going through the evidence on record. I am of the opinion that the college road extends from Raghunath Smabaya Mahavidyalaya, Odagaon to Police Station Odagaon. The residences located on either side of the aforesaid road are called the residence of college road. Different Sahis have originated from college road and extended in different direction away from the college road. It is seen that in WA No.1808 of 2023 Page 5 of 45 between Gouda Sahi and Nityananda Sahi there is another Sahi called Gupta Matha Sahi. So Nityananda Sahi is neither close to Gouda Sahi nor within the college road. The residence of Respondent No.5 (Ranjita Nayak, the present appellant in writ appeal) is in Nityananda Sahi which does not come under the service area of Dalak „Gha‟ Anganwadi Centre. Relying on the report of Tahasildar, Odagaon addressed to the Sub-Collector, Nayagarh one can clearly come to a conclusion that the Respondent No.5 is not the residence of Dalak „Gha‟ Anganwadi Centre area. In the result the prayer of the appellant is accepted. Engagement of Respondent No.5 as the Anganwadi Worker of Dalak „Gha‟ Anganwadi Centre is set aside. The matter is remanded to the Selection Committee to dispose of the matter afresh keeping in mind the findings that Respondent No.5 was not a residence of Dalak „Gha‟ Anganwadi Centre area at the time of her selection as a Anganwadi Worker. The report of the R.I. Odagaon at the back side of the Misc. Certificate is neither acceptable not reliable on the ground that a Misc. Certificate is prepared and issued on the basis of the report submitted by the R.I. or any other official detailed by the Tahasildar. Here report has been recorded on the back of the certificate which has already been issued.” 2.5. Being aggrieved, said Order dated 11.01.2017 of the Additional District Magistrate, the appellant had approached this Court by way of filing petition bearing W.P.(C) No. 11408 of 2017, wherein by an interim Order dated 27.06.2017 the appellant was directed to continue as Anganwadi Worker in Dalak (Gha) Anganwadi Centre. WA No.1808 of 2023 Page 6 of 45 2.6. On 07.07.2023 learned Single Judge dismissed the writ petition being W.P.(C) No.11408 of 2017 taking into the consideration the factual finding recorded in the Order dated 11.01.2017 passed by the Additional District Magistrate, Nayagarh in Anganwadi Appeal Nos. 14 and 15 of 2011, held as follows: “8. Having heard the learned counsel for the Parties at length and going through the evidence on record and after perusing the documents annexed herewith and also going through the impugned order, this Court is of the view that the impugned order passed by the Opposite Party No.5/Additional District Magistrate, Nayagarh does not suffer from any error so as to warrant interference by this Court. Hence, the impugned order dated 11.01.2017 under Annexure- 5 passed by the Opposite Party No.5/ Additional District Magistrate, Nayagarh in A.W. Appeal Nos.14 and 15 of 2011 be complied with within a period of three months from today. 9. Accordingly, this Writ Petition is dismissed. 10. Interim order dated 27.06.2017 passed in Misc. Case No.10399 of 2017 arising out of W.P.(C) No.11408 of 2017 stands vacated.” 2.7. Hence, this writ appeal has been preferred questioning the propriety of Order dated 07.07.2023 of the learned Single Judge. THE REPLIES OF THE OPPOSITE PARTIES: WA No.1808 of 2023 Page 7 of 45 3. A counter affidavit objecting to the averments made in the writ petition has been filed by the respondent Nos.1 to 5 inter alia contending that the residence of the appellant being not falling within the area for which advertisement for selection of Anganwadi Worker was floated, the Appellate Authority had rightly set aside the engagement of the appellant as Anganwadi Worker of Dalak „Gha‟ Anganwadi Centre. 4. Refuting the assertion of the appellant, counter affidavit filed on behalf of the opposite party No.6 (respondent No.6 herein) before the learned Single Judge revealed that the appellant, being resident/inhabitant of “Nityanandasahi” and having another house property at “College Road, Dalaksahi” which is nearer to “Kalyanisahi”, she was wrongfully selected as Anganwadi Worker for said place of residence does not fall within the Dalaksahi area. The opposite party No.6 clarified as follows: is pertinent to mention herewith that both “It Nityanandasahi and College Road, Dalaksahi, nearer to Anganwadi Centre. Apart from the house of the petitioner which is at Nityanandasahi situated at over plot No.449, Khata No.154, Mouza: Dalak. It also appears from the documents which was obtained under the RTI Act that the residence certificate bearing Misc. Certificate Case No.15724 of 2010 which was issued in favour of the petitioner by the concerned Tahasildar on the basis of Record-of-Right containing the Khata No.154, Plot No.449 WA No.1808 of 2023 Page 8 of 45 in Mouza: Dalak. It also appears from the Naksha of Mouza: Dalak Nityanandasahi which was obtained under RTI Act that the house of the petitioner of which Plot No.449 is situated at Nityanadasahi. In view of the above the petitioner is not coming under the service area of Dalak „Gha‟ Anganwadi Centre.” 4.1. By way of preliminary counter affidavit filed by the respondent No.6 in the writ appeal, it has been urged that upon being directed by Order dated 02.08.2016 passed in W.P.(C) No.5963 of 2012, the competent authority having caused “a field survey of the area” with respect to the fact whether the appellant “belongs to the service area of the said Anganwadi Centre”, a report came to be submitted indicating that the appellant “does not belong to the service area of Dalaka „Gha‟ Anganwadi Centre”. Such factual aspect is not the domain of writ Court to re-appreciate evidence. 4.2. It is affirmed by the respondent No.6 that the Additional District Magistrate, Nayagarh having adjudicated the factual aspect of the matter in compliance of direction issued in W.P.(C) No.5963 of 2012 vide Order dated 02.08.2016, the same does not warrant interference of this Court. HEARING OF THE WRIT PETITION: 5. This matter was on board on 19.03.2024 under the heading “Admission”. It is stated at the Bar that this WA No.1808 of 2023 Page 9 of 45 matter relates to advertisement for engagement of Anganwadi Worker in the year 2011 and the writ petition being dismissed, and pleadings having been exchanged among parties, the matter can be finally heard and disposed of. Therefore, this Court heard the matter for final disposal. Heard Sri Bhabani Sankar Tripathy, learned Advocate for the appellant; Sri Manoj Kumar Khuntia, learned Additional Government Advocate appearing for the respondent Nos.1 to 5; and Sri Laxmikanta Mohanty, learned Advocate for the respondent No.6. SUBMISSIONS AND ARGUMENTS OF RESPECTIVE PARTIES: 6. Sri Bhabani Sankar Tripathy, learned Advocate for the petitioner submitted that the appellant in this writ appeal challenges the Order dated 07.07.2023 passed by learned Single Judge in W.P.(C) No. 11408 of 2017 by which the writ application was dismissed by taking into account observation of the Additional District Magistrate-Appellate Authority. 6.1. Reiterating stand taken in the writ petition as also the writ appeal, Sri Bhabani Sankar Tripathy, learned Advocate submitted that Dalak „Gha‟ Anganwadi Centre consists of area from Goudasahi and College Road and the house of appellant is situated within the College Road vide Khata No.550/2707, Plot No.736/3284, WA No.1808 of 2023 Page 10 of 45 Mouza: Dalak, Tahasil: Odagaon. Since the appellant was given engagement after verification of factual aspect supported by the testimonial furnished before the Selection Committee, there was no scope for the Additional District Magistrate to interfere with the decision of the Selection Committee while sitting in appeal. The writ Court having confirmed the Order of the Additional District Magistrate, the appellant would suffer termination. 7. Supporting the arguments advanced by Sri Manoj Kumar Khuntia, learned Additional Government Advocate, Sri Laxmikanta Mohanty, learned Advocate for the respondent No.6 vehemently contended that the Additional District Magistrate having caused enquiry with respect to residential status of the appellant has applied his judicious and conscientious mind while disposing of the appeal upon being directed to take fresh view pursuant to Order dated 02.08.2016 passed in W.P.(C) No.5963 of 2012. 7.1. It is submitted that the appellate order being passed based on evidence, the learned Single Judge was justified in his approach by dismissing the writ petition. Therefore, this writ appeal deserves to be dismissed. 7.2. Amplifying the argument, it is submitted that the fact- finding authority has recorded finding upon receipt of WA No.1808 of 2023 Page 11 of 45 enquiry report that “College Road extends from Raghunath Samabaya Mahavidyalaya, Odagaon to Police Station, Odagaon. The residences located on either side of the aforesaid road are called the residence of College Road. Different sahis have originated from College Road and extended in different direction away from the College Road”. The Appellate Authority, thus, ascertained that the appellant, being resident of “Nityanandasahi”, which is neither close to Goudasahi nor does it come within the “College Road” Area. It is categorically observed by the Appellate Authority that “the residence of respondent No.5 (present appellant) is in Nityanandasahi which does not come under the service area of Dalak „Gha‟ Anganwadi Centre”. 7.3. There being no infirmity or perversity in the conclusion arrived at by the learned Single Judge, this writ appeal deserves dismissal. CONSIDERATION OF RIVAL CONTENTIONS: 8. The Government of Odisha in Women and Children Development Department issued “Revised Guidelines for selection of Anganwadi Workers” vide Letter No.145/SWCD-IV-ICDS-I-I/04, dated 02.05.2007, wherein Paragraph (1) and Paragraph (6) thereof read as follows: WA No.1808 of 2023 Page 12 of 45 “1. Applications for selection of volunteers to work as Anganwadi Workers will be invited for each village/ Anganwadi Centre area from women residing in the said village/Anganwadi Centre area. 6. The Anganwadi Worker is a volunteer who gets an honorarium for the service rendered by her to the less privileged persons of her community. She is not a Government servant with fixed or graduated pay scale. Therefore, the provisions of the Odisha Reservation of Vacancies in Posts and (for Scheduled Castes and Scheduled Services Tribes) Act, 1975 and the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 shall not apply in selection of Anganwadi Workers. Similarly, an Anganwadi Worker cannot claim any regular appointment in future on the basis of her as Anganwadi Worker. However, selection preference Scheduled Tribe/Scheduled Caste candidates in Scheduled Area.” given shall be to 8.1. The Government of Odisha in Women and Children Development Department issued “Guidelines for selection and engagement of Mini Anganwadi Workers” vide Letter No.IV/ICDS-I-115/07—21022/WCD, dated 07.09.2007, wherein Paragraph (1) stands as follows: “The selection of Mini Anganwadi Workers will be same as „Revised Guidelines for the selection of Anganwadi Workers‟ (vide Letter No.145, dated 02.05.2007). In other words, the revised guidelines issued for the engagement of Anganwadi Workers will be applicable mutatis mutandis for the Mini Anganwadi Centres also.” WA No.1808 of 2023 Page 13 of 45 8.2. Perusal of Advisement No.11, dated 07.01.2011 floated by the Integrated Child Development Scheme (Annexure- 1 to the writ petition and Annexure-5 series to the writ appeal) indicates as follows: “Applications are invited from women candidates who are willing to work as Anganwadi Workers and Mini Anganwadi Workers in the following newly opened Anganwadi Centre and Mini Anganwadi Centre and vacant Anganwadi Centre and Mini Anganwadi Centre Integrated Child within Odagaon Development Project. Guidelines for application and application forms are available at the above Office. limits of the A. Eligibility of candidates: 1. Candidate must be permanent resident connected to Mini Angawadi Centre village / connected grama / sahi / lane (pada) 2. Candidate must submit certificate of permanent resident of Mini Anganwadi Centre area during the year 2010-11 obtained from concerned Tahasildar. The certificate of permanent residence must specify clearly the connected grama / pada where the candidate is permanent resident. This apart, affidavit of the candidate is required to be furnished specifying the name of the connected grama / pada (lane) / sahi where she is permanent resident is to be enclosed to the application. 3. Candidate must be above 18 years and below 42 years as on 01.01.2011. *** WA No.1808 of 2023 Page 14 of 45 Name of Anganwadi and Mini-Anganwadi Centres for filling up (Odogaon) Name of Grama Panchayat Sl. No. Name of Anganwadi Centre Name of connected sahi / grama Sl. No. Name of Mini- Anganwadi Centre * * * * Odogaon 18 Dalaka (Gha) Dalaka Goudasahi, College Road * * * * * 33 34 35 36 * * Jaringi Mathakhajuria Raberanuasahi Ragatinuasahi * Sd/- Child Development Project Officer, Odagaon, District: Nayagarh” 8.3. It is sine qua non requirement for making application the candidate should not only obtain certificate from the concerned Tahasildar showing the area (sahi/pada/ lane) to which she belongs but also said certificate must specify clearly the connected grama/pada, where the candidate is a permanent resident. 8.4. It is finding of fact based on survey (physical verification) while the Additional District Magistrate sitting in appeal that the petitioner did not belong to service area of the concerned Anganwadi Centre. An affidavit dated WA No.1808 of 2023 Page 15 of 45 16.11.2023 sworn to on behalf of respondent Nos. 1, 4 and 5 forming part of writ appeal indicates as follows: “5. That the report of Tahasildar on the residence of the selected candidates describes the house of Ranjita Nayak at Nityanandasahi which is 150 metres away from the left side of the main road coming from Odagaon College to Odagaon Police is Station. The house of Sandhyarani Mishra situated near the Government M.E. School which is 35 metres away from the right side of the main road. The houses of both the candidates are situated approximately within from Odagaon College.” the same distance 8.5. Enclosed to said Affidavit dated 16.11.2023 is an enquiry report of the Tahasildar, Odagaon as Annexure- B/4, which reads thus: “Office of the Tahasildar, Odagaon No. 2277 / Dt. 31.10.2011 To The Sub-Collector, Nayagarh, Sub.: Enquiry into petition of Sandhyarani Mishra, College Road, Dalak, Odagaon alleged irregularities for selection of Anganwadi candidate by Office of the C.D.P.O in respect of Dalak „GHA‟ Centre. regarding As per marginal order of the petition, I have enquired into the matter by deputing the Head Clerk of my office to the spot. From the spot visit report of Head Clerk on 22.10.2011 it is ascertained that neither there is any WA No.1808 of 2023 Page 16 of 45 specific demarcated land mark for College Road nor any revenue village in the same name is existing under Odagaon Tahasil as per advertisement by the Office of the CDPO, Odagaon. as the area is coming under revenue village-Dalak. Further on comparative study it is revealed that the house of Ranjita Nayak Wife of Prabhat Kumar Barik is situated at Nityananda Sahi which is 150 metres away from left side of main road coming from Odagaon college to Odagaon P.S. and the house of petitioner Sandhyarani Mishra Wife of Saras Kumar Mishra is situated near Govt. M.E. School, which is 35 metres away from right side of the same main road. The houses of both the candidates are situated approximately within same distance from Odagaon College. Ranjita Nayak secured 386 marks in H.S.C. Exam & 332 marks in C.H.S.E. exam whereas Sandhyarani Mishra secured 462 marks in H.S.C. and 440 marks in C.H.S.E. Both the candidates belong to Revenue Village Dalak under Odagaon Tahasil. This is for favour of your kind information. Yours faithfully, Sd/- 31.10.2011 Tahasildar, Odagaon” 8.6. It appears, the Additional District Magistrate while disposing of Anganwadi Appeal Nos.14 of 2011 and 15 of 2011, vide Order dated 11.01.2017 has accepted the contents of the aforesaid report submitted on facts by the Tahasildar and came to conclusion that the residence of the appellant-Ranjita Nayak, being situated at Nityanandasahi, she cannot be treated to be resident of Dalak „Gha‟ service area. WA No.1808 of 2023 Page 17 of 45 8.7. It may be noteworthy to have reference to the Clarification vide Letter No.IV-ICDS-I-154/ 07- 7161/WCD, dated 01.03.2008 issued by the Government of Odisha in Women and Children Development Department, which is reproduced hereunder: “Government of Odisha Women and Children Development Department No.IV-ICDS-I-154/ 07-7161/WCD, dated 01.03.2008 From Sri N. Behera, Additional Secretary to Government To The CDPO Gania, Nayagarh Sub.: Clarification on selection / engagement of Anganwadi Worker Sir/Madam, With reference to the above noted subject, I am directed to state as hereunder: (i) According to paragraph-1 of the Revised Guidelines, the Anganwadi Worker should be resident of the Anganwadi Centre Area. If no suitable candidate is available in the Anganwadi Centre Area, then candidate of the village could be considered. WA No.1808 of 2023 Page 18 of 45 (ii) Residential certificate issued by the Tahasildar should be entertained. Sd/- Additional Secretary to Government.” 8.8. Further Clarification has been issued on 10.03.2010, which is to the following effect: “Government of Odisha Women and Children Development Department No.IV-ICDS-I-26/10/5411/WCD, dated 10.03.2010 From Sri D.N. Sahoo, Under Secretary to Government To The Collector, Boudh Sub.: Clarification on engagement of Anganwadi Worker Madam, With reference to the subject noted above, I am directed to clarify that if eligible candidate from Anganwadi Centre Area are not available, candidates from village area may be taken. If from village area not available then from adjacent village within Gram Panchayat Area may be considered for selection of Anganwadi Workers. Sd/- Under Secretary to Government.” WA No.1808 of 2023 Page 19 of 45 8.9. As is apparent from the above Guidelines and further Clarifications, much stress has been laid on the residence of the candidate within the Anganwadi Centre Area. It is not the case of the appellant that there was no suitable candidate available in the Anganwadi Centre Area (Dalak „Gha‟) which comprises “Dalaka— Goudasahi, College Road”. Upon enquiry, it was found that the appellant is the resident of “Nityanandasahi”, which does not come within the specified area of subject-Anganwadi Centre. 8.10. It may be apposite to refer to yet another Clarification issued on 16.06.2010, which is to the following effect: “Government of Odisha Women and Children Development Department No.IV-ICDS-3/10/10724/WCD, dated 16.06.2010 From Sri D.N. Sahoo, O.A.S. Under Secretary to Government To The DSWO, Mayurbhanj Sub.: Clarification sought for regarding engagement of Anganwadi Worker/Mini Anganwadi Workers who are residing on Government land. Sir/Madam, I am directed to invite reference to the subject noted above and to clarify that residential certificate WA No.1808 of 2023 Page 20 of 45 issued by the Tahasildar is the document basing on which such engagement can be give. If the residential certificate will be challenged concerned Tahasildar may be moved in the matter. Sd/- Under Secretary to Government.” 8.11. It has also been clarified as follows in case of complaint is received with respect to residential certificate: “Government of Odisha Women and Children Development Department No.IV-ICDS-I-32/09/11270/WCD, dated 25.06.2010 From Sri D.N. Sahoo, O.A.S. Under Secretary to Government To The DSWO, Cuttack Sub.: Clarification regarding objection— the residentiality of a candidate. Sir/Madam, I am directed to invite reference to the subject noted above and to clarify that the Selection Committee will verify the Residential Certificate issued by the concerned Tahasildar, if there is any complaint, the allegation may be referred to the concerned Tahasildar for verification. WA No.1808 of 2023 Page 21 of 45 Sd/- Under Secretary to Government.” 8.12. Under the aforesaid premises, as it appears the Additional District Magistrate-Appellate Authority having caused enquiry by the Tahasildar concerned in connection with challenge being made to residential status of the appellant and acted upon the report submitted by said Tahasildar, there cannot be any doubt in mind that the Appellate Authority has decided the appeal with due application of mind, which fact has been confirmed by the learned Single Judge in his Judgment dated 07.07.2023 rendered in the writ petition. 9. It may be worthwhile to refer to decision rendered by this Court in the case of Sasmita Sahoo Vrs. State of Odisha, 110 (2010) CLT 650 = 2010 SCC OnLine Ori 104, wherein it has been held as follows: “4. It is observed here that an Anganwadi Worker is not a Civil Post but rather is a volunteer. The Supreme Court in State of Karnataka Vrs. Ameerbi, (2007) 11 Supreme Court Cases 681 = AIRONLINE 2006 SC 648 = (2006) Supp.10 SCR 329 = 2006 INSC 969, has held that the post of Anganwadi Workers are not statutory posts. They have been created in terms of the scheme. It is one thing to say that there exists a relationship between employer and employee and between the State and the Anganwadi Workers. But WA No.1808 of 2023 Page 22 of 45 it is another thing to say that they are holders of civil posts. The Supreme Court took note of the fact that the presence of the Anganwadi Worker in their respective villages is extremely important. They are supported to make significant contribution to the society. They are required to carry out a large number of activities, primary and being welfare of the children. Further, it is noted that Anganwadi Workers do not carry any functions of the State. They do not hold post under any statute. Their posts are not created. The Supreme Court the recruitment rules further held ordinarily applicable to the employees of the State are not applicable in their case. The State is not required to comply with the Constitutional as adumbrated under Articles 14 and 16 of the Constitution of India. No process of selection for the purpose of the constitutional scheme existed. their appointment within equality scheme that of 5. In the aforesaid case, the Supreme Court further held that the rules framed under the proviso to Articles 309 of the Constitution of India are not attracted in the case of Anganwadi Worker. They are appointed under the scheme which is not a permanent nature although it might have continued for a long time. Appointments made under the Scheme and recruitment process being carried out through a committee would not the incumbents thereof holders of civil posts. There is no rule or regulation governing the mode of recruitment recognizing a distinction between a post created by the Central Government or the State Governments in exercise of their power under Articles 77 or 162 of render WA No.1808 of 2023 Page 23 of 45 6. the Constitution of India or under a Statute vis-(cid:224)-vis cases of this nature which are sui generies. The Supreme Court further held that the protection available under Article 311 of the Constitution of India also is not attracted in case of the Anganwadi Workers and thus, the Supreme Court held that the Anganwadi Workers are not holders of civil posts. In view of the aforesaid backdrop the guidelines issued by the Government of Orissa in the Women and Child Welfare Development Department has to be considered. It is seen that the revised guidelines for selection of Anganwadi Worker were issued on 02.05.2007. The revised guidelines provide that the applications for selection of volunteers to work as Anganwadi Workers will be invited for each village/ Anganwadi Centre area from women residing in the said village/Anganwadi Centre area. Among other stipulation it is seen that the Anganwadi Worker is a volunteer who gets an honorarium for the service rendered by her to the less privileged persons of her own community. She is not a Government servant with any fixed or graduated pay scale. The provisions of ORV Act, 1975 and Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 are not applicable to such selection. 7. The condition that the applicants should be from each village/Anganwadi Centre area has created the confusion but thereafter the State Government the has brought out Government of Orissa, Women and Child Development Department letter dated 18.12.2007 wherein it has been clarified that in case in a village more than one Anganwadi Centre are further clarification in WA No.1808 of 2023 Page 24 of 45 the should candidate the State Government specify opened Anganwadi Centre area in which she is a resident and should specify in an affidavit that she belongs to the Anganwadi Centre area of the said village. If that is found incorrect/ false she should be disengaged forthwith and suitable criminal action should be taken against her. Thus, from this clarification it is clear the that applications should be invited from the residents of the service area of the particular Anganwadi Centre for which an advertisement has been issued for selection of Anganwadi Worker. In case no suitable candidate is available from the said area, then the applications Anganwadi Centre area situates may be accepted even though the applicant is not a resident of the service area. the village in which intended from that 8. This policy of the Government has a rationale behind it. It is noted earlier that the Anganwadi Worker is not a civil servant rather is a volunteer. She is expected to render a very important function of providing pre-natal and post-natal early childhood care service of her community. Her continuing presence in the community is essential for that reason. If a person is not a resident in the community which is target area of the Anganwadi Centre, then it may not be always possible for the volunteer to attend to the needs of the expectant mothers and children. Secondly, it is noted that Anganwadi Worker is always paid a paltry sum as honorarium. It is not possible to her to take a house on rent in the service area of the Anganwadi Centre to reside there. Thus, on these two grounds, the WA No.1808 of 2023 Page 25 of 45 Court is of the opinion that the policy decision taken by the State Government is correct. As already pointed out, the selection of Anganwadi Worker cannot be challenged for violating Articles 14 and 16 of the Constitution of India. This Court comes to the finding that there is no justifying reason to hold that the conditions stipulated in the revised guidelines by the State Government to the effect that the applicants should be a resident of the service area of the Anganwadi Centre requires any interference.” 9.1. This Court in Beenapani Sahoo Vrs. State of Odisha, W.A. No. 498 2017, disposed of on 21.11.2022, has observed that: the requirement of “5. The guidelines for appointment of Anganwadi Worker describe the candidate having to be a permanent resident of the area which is served by Anganwadi Centre in question. The fact that the advertisement may not have mentioned, it will not permit the authorities to dispense with such requirement. This is known to all applicants who applied for the post of Anganwadi Worker. 6. Factually, it has been found by the learned Single Judge, on the basis of the report of the Collector, that the appellant is not a permanent resident of Nilakantha Nagar-III area. The appellant has not been able to show that the said report was erroneous. 7. Consequently, the Court is unable to find any error having been committed by the learned Single Judge WA No.1808 of 2023 Page 26 of 45 in declining to interfere with the impugned order of ADM.” 9.2. In the present case, the appellant has not been able to demonstrate that the report of Tahasildar, Odagaon (Annexure-B/4 enclosed to the counter affidavit of respondent Nos.1, 4 and 5) was incorrect. When clear evidence has been placed on record after conducting survey by the Tahasildar to the effect that the appellant belongs to Nityanandasahi, which does not belong to service area of “Dalak „Gha‟ Anganwadi Centre”, the learned Single Judge while disposing of the writ application has rightly not shown indulgence in such factual aspect as returned by the Appellate Authority- Additional District Magistrate, Nayagarh. 10. Having regard to the scope of interference with the finding of the quasi judicial authority or administrative authority in exercise of power under Article 226 of the Constitution of India, it has been laid down in Sanjay Kumar Jha Vrs. Prakash Chandra Chaudhary, (2018) 14 SCR 893 as follows: “13. It is well settled that in proceedings under Article 226 of the Constitution of India the High Court does not adjudicate, upon affidavits, disputed questions of fact. In arriving at the finding that the land offered by respondent Prakash Chandra Chaudhary was located within Giriyama Mauza of Falka Block the learned Single WA No.1808 of 2023 Page 27 of 45 Bench embarked upon adjudication of a hotly disputed factual issue, which the High Court, while exercising its writ jurisdiction, does not do. *** findings recorded by a 16. It is well settled that in proceedings under Article 226 of the Constitution of India, the High Court cannot sit as a Court of Appeal over the competent administrative authority, nor re-appreciate evidence for itself to correct the error of fact, that does not go to the root of jurisdiction. The High Court does not ordinarily interfere with the findings of fact based on evidence and substitute its own findings, which the High Court has done in this case. ***”” 10.1. It is well known principle that, if two views are possible, then obviously the error will not be an error apparent from the record. See, Maharashtra State Seeds Corporation Ltd. Vrs. Hariprasad Drupadrao Jadhao, (2006) 3 SCC 690. 10.2. In Central Council for Research in Ayurvedic Sciences Vrs. Bikartan Das, (2023) 11 SCR 731 = 2023 INSC 733 following passage has been quoted from Satyanarayan Laxminarayan Hegde and Others Vrs. Mallikarjun Bhavanappa Tirumale AIR 1960 SC 137 = (1960) SCR 890 in order to cull out true purport of certiorari jurisdiction vis-(cid:224)-vis interference on the ground where two views are possible: WA No.1808 of 2023 Page 28 of 45 “An error which has to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of the record. As the above discussion of the rival contentions show the alleged error in the present case is far from self-evident and if it can be established, it has to be established by lengthy and complicated arguments. We do not think such an error can be cured by a writ of certiorari according to the rule governing the powers of the superior court to issue such a writ. ***