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2019 Supreme(Ori) 635

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R. SARANGI, J.
Swapna Pradhan – Appellant
Versus
State of Orissa and Ors. – Respondents
W.P.(C) No. 20855 of 2017
Decided On : 03-12-2019

Advocate Appeared:
For the Appellant :J.K. Mishra-2, Advocate
For the Respondents:M.K. Khuntia, Addl. Govt. Advocate, S. Mohapatra and P. Mangaraj, Advocates

The main legal point established in the judgment is the application of the clean hands doctrine, where the petitioner's misleading conduct led to the dismissal of the writ petition.

Headnote:

Anganwadi Centre - Disputed Advertisement - Women and Child Development Department, Govt. of Odisha - PLCC Recommendations - Bhanupur-II Anganwadi Centre - Bhanupur-I Anganwadi Centre - Advertisement dated 27.05.2017 - CDPO Report - Misleading Facts - Clean Hands Doctrine

Fact of the Case:

The petitioner sought to quash an advertisement and order rejecting her representation regarding the engagement of anganwadi worker for Bhanupur-II anganwadi centre. The petitioner alleged that eligible candidates were deprived of submitting applications. The respondent contended that the petitioner did not belong to the service area of Bhanupur-II anganwadi centre and had not submitted an application for the post.

Finding of the Court:

The court found that the petitioner did not belong to the service area of Bhanupur-II anganwadi centre and had not submitted an application for the post. The court also found that the petitioner had suppressed material facts and approached the court with misleading and distorted facts.

Issues: The issues involved the eligibility of the petitioner for the post of anganwadi worker in Bhanupur-II anganwadi centre, the rejection of the petitioner's representation, and the petitioner's approach to the court with misleading facts.

Ratio Decidendi: The court held that the petitioner's application was not available on the relevant file, and her rejection was justified. The court applied the clean hands doctrine and refused to grant relief to the petitioner due to her misleading conduct.

Final Decision: The writ petition was dismissed, and the court directed the authorities to publish the result of the selection process for the post of anganwadi worker in Bhanupur-II anganwadi centre and take follow-up action expeditiously.

JUDGMENT

Dr. B.R. Sarangi, J.

1. The petitioner, by way of this writ petition, seeks to quash the advertisement dated 27.05.2017 in Annexure-8 and order dated 19.08.2017 in Annexure-12 passed by the Collector, Balasore in Misc. Case No. 10 of 2017 rejecting the representation of the petitioner dated 29.05.2017, in pursuance of the order dated 07.06.2017 passed in W.P.(C) No. 10704 of 2017.

2. In view of the guidelines as well as circular issued by Government of Odisha from time to time, taking into consideration the growth of population, additional anganwadi centres were created. Accordingly, Bhanupur-II anganwadi centre was carved out of Bhanupur-I anganwadi centre. The total population of Bhanupur-II anganwadi centre is 534 and the service area of the said anganwadi centre starts from house No. 1 to 50 and from house No. 278 to 300. The Project Level Coordination Committee (PLCC), which is the competent authority, in its meeting carved out the above area to be the service area in respect of Bhanupur-II anganwadi centre. There are only two anganwadi centres, i.e. Bhanupur-I and Bhanupur-II within Baliapal Block under the ICDS Project. The advertisement issued on 12.04.2017 in respect of Bhanupur-II anganwadi centre was cancelled by the authorities with a view to once again verify the service area in respect of Bhanupur-II anganwadi centre, which was carved out of Bhanupur-I anganwadi centre Consequentially, a detailed survey was done on 08.05.2017 as per the recommendation of the PLCC on 30.01.2015. The advertisement which was issued on 27.05.2017 is based on proper survey of area and the selection process was continued pursuant to such advertisement. Being aggrieved by issuance of the advertisement dated 27.05.2017 in respect of Bhanupur-II anganwadi centre and consequential rejection of the representation of the petitioner by the Collector, Balasore vide order dated 19.08.2017 in Misc. Case No. 10 of 2017 under Annexure-12, in pursuance of the order dated 07.06.2017 passed in W.P.(C) No. 10704 of 2017, this application has been filed.

3. Mr. J.K. Mishra-2, learned counsel appearing for the petitioner contended that an advertisement was issued on 27.05.2017 for engagement of anganwadi worker in respect of Bhanupur-II anganwadi centre, pursuant to which though selection has been done, the petitioner and other eligible candidates were deprived of submitting their applications. Agitating the same, the petitioner filed representation before the Collector, Balasore, which was registered as Misc. Case No. 10 of 2017. But the same having not been considered, the petitioner approached this Court by filing W.P.(C) No. 10704 of 2017 which was disposed of vide order dated 07.06.2017 directing the Collector, Balasore to look into the grievance of the petitioner, as narrated in the representation dated 29.05.2017, and take a final decision thereon as appropriate. The said representation having been rejected, vide order dated 19.08.2017 by the Collector, Balasore in Annexure-12, the petitioner has approached this Court by filing the instant writ application.

4. Mr. M.K. Khuntia, learned Addl. Government Advocate argued with vehemence and contended that the petitioner has tried to mislead the Court by giving distorted facts. As such, Bhanupur-III anganwadi centre area has not yet come into existence Bhanupur anganwadi centre was carved out as Bhanupur-I and Bhanupur-II anganwadi centres under Baliapal Block. In order to fill up the post of anganwadi worker in respect of Bhanupur-II anganwadi centre, an advertisement was issued on 12.04.2017, but the same was cancelled by the authority with a view to verify the service area of Bhanupur-II anganwadi centre, which was carved out of Bhanupur-I anganwadi centre. Accordingly, a detailed survey was done on 08.05.2017 by the anganwadi worker of Bhanupur-I anganwadi centre, along with the CDPO and Supervisor of Baliapal, as per recommendation of the PLCC on 30.01.2015. Pursuant to such survey, the adver

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