The main legal point established in the judgment is the application of natural justice principles, specifically the rule that 'no man shall be a judge of his own cause' and 'no man can be at once suitor and judge', to invalidate the selection process and engagement order.

JUDGMENT

B.R. Sarangi, J. - The petitioner, who was a candidate for the post of Anganwadi Worker in respect of Buromunda Anganwadi Centre No.5 of village Boromunda of Gaisilat Block in the district of Baragarh, has filed this writ petition seeking to quash order no. 628 dated 27.07.2010 at Annexure-6 engaging opposite party no.5 as Anganwadi Worker of Buromunda Anganwadi Center No.5, so also the order dated 27.12.2012 at Annexure-7 passed by the A.D.M., Bargarh dismissing AWW Appeal No.16 of 2011 preferred by the petitioner.

2. The factual matrix of the case, in brief, is that as per the decision of the Government, five Anganwadi Centers were opened in village Buromunda and a survey list for demarcating the Anganwadi Center area was prepared. The C.D.P.O., Gaisilat issued an advertisement on 11.12.2009 for engagement of Anganwadi Worker in Buromunda Anganwadi Center No.5. In the said advertisement, it was indicated that the candidates, who belonged to Anganwadi Center area, are eligible to apply as per the revised guidelines dated 02.05.2007. Pursuant to such advertisement, the petitioner, opposite party no.5 and one Kumari Girisuta Sahu submitted their applications. But the villagers, after coming to know that opposite party no.5 is a candidate for the post of Anganwadi Worker in respect of Buromunda Anganwadi Center No.5, filed written objections before the B.D.O., Gaisilat and concerned C.D.P.O., Gaisilat and sought for cancellation of her candidature on the ground that opposite party no.5 and her family members do not reside within the service area of Buromunda Anganwadi Center No.5, but in the survey list the surveyor intentionally inserted the name of the husband of opposite party no.5 only to show that the opposite party no.5 is the resident of service area of Buromunda Angnawadi Center No.5. It was specifically pleaded that the survey list was prepared by one Labanga Pradhan, who is working as Anganwadi Worker in Buromunda Anganwadi Center No.2 and she, being the sister-in-law of opposite party no.5, intentionally inserted her brother's name, Chaubarga Pradhan within the centre area only to engage opposite party no.5 in Buromunda Anganwadi Center No.5.

2.1 On receipt of such complaint, the B.D.O., Gaisilat on 04.01.2010 issued a letter to the S.E.O., Gaisilat Block to cause an enquiry and submit report. Accordingly, the Medical Officer, CHC, Gaisilat and I/c. S.E.O., Gaisilat Block on 08.01.2010 conducted an enquiry and submitted report before the B.D.O., Gaisilat. Thereafter, on 22.01.2010, the B.D.O., Gaisilat submitted the enquiry report to the C.D.P.O., Gaisilat. In the said enquiry report it was found that the survey list was prepared by one Labanga Pradhan with an intention to absorb opposite party no.5 in the Buromunda Anganwadi Center No.5, and she intentionally reflected the name of husband of opposite party no.5 at serial no. 42 and that the said Labanga Pradhan is the sister-in-law of opposite party no.5. But the concerned C.D.P.O., Gaisilat, after receiving such enquiry report, did not take into consideration the same as well as the complaint submitted by the villagers of the said Anganwadi Center no.5, Sarapanch and one Kumari Garisuta Sahu, and submitted comparative statement of marks before the selection committee. Accordingly, the selection committee selected opposite party no.5, as she had secured highest mark, and the C.D.P.O., Gaisilat, vide letter dated 27.07.2010, engaged opposite party no.5 as Anganwadi Worker of Buromunda Anganwadi Center No.5 and directed to join on or before 03.08.2010.

2.2 Aggrieved by such engagement of opposite party no.5, the petitioner preferred AWW Appeal No. 16 of 2011 before the Addl. District Magistrate, Bargarh challenging the process of selection and engagement of Anganwadi Worker in Buromunda Anganwadi Center No. 5 on the ground that opposite party no.5 is not the resident of the said Anganwadi Center area, and that as per the guidelines opposite party no.5 is not elig