The main legal point established in the judgment is that the selection of a deserted woman as an anganwadi helper was justified based on the eligibility criteria and preference given to deserted women as per the guidelines.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who is a candidate for the post of anganwadi helper of Nuathakurpal anganwadi centre under Kaluria Gram Panchayat in the district of Dhenkanal, has filed this writ petition seeking to quash the order dated 19.05.2011 passed by the Sub-Collector, Dhenkanal under Annexure-3, and further seeks direction to the opposite parties to engage her as anganwadi helper in respect of the said anganwadi centre.

2. The factual matrix of the case, in hand, is that the C.D.P.O., Gandia issued an advertisement on 12.05.2010 inviting applications from the intending candidates for engagement of anganwadi helper in respect of Nuathakurpal anganwadi centre, as mahila sabha could not be held on 10.03.2020 at 2.00 P.M. As per eligibility criteria of the said advertisement, a candidate must be a permanent resident of the anganwadi centre area, her age must be within 18 to 42 years and preference would be given to orphan, widow, divorced, separated/deserted woman. Pursuant to such advertisement under Annexure-1, the CDPO received applications from the intending candidates for engagement of anganwadi helper. The petitioner raised objection with regard to candidature of opposite party no.4 contending that opposite party no.4 does not belong to the anganwadi centre area, as she married in village Damodarnali under Beltikiri Gram Panchayat. But her objection was not taken into consideration by the authority and, therefore, she approached this Court by filing W.P.(C) No.12320 of 2010, which was disposed of vide order dated 14.01.2011 directing the Sub-Collector, Dhenkanal to dispose of the objection/appeal after hearing the parties within a period of two months. In pursuance of the order of this Court, the Sub-Collector, vide order dated 19.05.2011 under Annexure-3, dismissed the appeal/objection preferred by the petitioner holding that opposite party no.4 being a separated/deserted woman, her engagement as anganwadi helper in the anganwadi centre is justified. Hence this application.

3. Mr. A.C. Mohanty, learned counsel for the petitioner contended that the Sub-Collector, while passing the order impugned in Annexure-3, has not applied its mind with regard to the fact that opposite party no.4 does not belong to the anganwadi centre area. It is contended that opposite party no.4 was otherwise not eligible to be considered for engagement as anganwadi helper, in view of the fact that she filed an order of maintenance granted by the learned Sub-Divisional Judicial Magistrate, Dhenkanal in Criminal Misc. Case No.53 of 2003 in a proceeding under Section 125 of Cr.P.C., wherein the learned Magistrate, by order dated 07.08.2004, directed husband of opposite party no.4, namely, Binay Sahani to pay monthly maintenance of Rs.500/-. Therefore, ipso facto it cannot be construed that she is a separated/deserted woman so as to claim preference over the others including the petitioner. It is further contended that unless opposite party no.4 produces a decree of divorce granted by the competent court, it cannot be construed that she is a deserted/separated woman in order to claim preference over the others in consonance with the guidelines. Thereby, the order so passed by the Sub-Collector, cannot sustain in the eye of law.

4. Mr. Y.S.P. Babu, learned Addl. Government Advocate appearing for State-opposite parties no.1 to 3, referring to the counter affidavit filed on their behalf, contended that no objection regarding the candidature of opposite party no.4 was received from the petitioner either during Mahila Sabha or at the time of interview. However, due to suspect on the residence of opposite party no.4, anganwadi worker of Nuathakurpal anganwadi centre was directed to submit a detailed report with regard to residence of opposite party no.4 and she clarified that opposite party no.4 has been divorced by her husband and residing at Nuathakurpal since 8 years with her only son, who has been admitted in pre-school class of the sai