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2008 Supreme(Ori) 932

B.S.CHAUHAN, B.N.MAHAPATRA
RENUBALA JENA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Mira Ghosh, R. Mohanty and Bikash Rath, for the Appellant; P.K. Rath, R.C. Jena, P.K. Satpathy, R.N. Parija, A.K. Rout for Respondent No. 4 and Addl. Govemment Advocate for Respondent Nos. 1 to 3, for the Respondent

JUDGMENT :

B.S. Chauhan, C.J. - This writ appeal has been filed against the judgment and order of the learned Single Judge dated 14.2.2007 passed in W.P.(C) No. 12360 of 2004 by which the learned Single Judge has allowed the petition filed by the Respondent No. 4 and issued direction for her appointment as Anganwadi Worker removing the Appellant from the said post.

2. The facts and circumstances giving rise to the case are that an advertisement for the post of Anganwadi Worker in Radho Anganwadi Centre in the district of Bhadrak was published. The candidates who had applied pursuant to the said advertisement were called for an interview vide letter dated 22.12.2000. A select list was prepared and the present Appellant - opposite party No. 4 in the writ petition was appointed. Her appointment was challenged by Respondent No. 4 in appeal on the ground that she had secured more marks and the Appellant had wrongly been appointed.

3. Learned Single Judge after considering the submissions made by the parties and perusing the original record came to the conclusion that the writ Petitioner-Respondent No. 4 had secured more marks than the present Appellant and quashed the appointment issued to


























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