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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashikanta Mishra, J.
Gitarani Behera – Appellant
Versus
State of Odisha & Ors. – Respondents
W.P.(C) No. 26519 of 2017 (An application under Articles 226 & 227 of Constitution of India.)
Decided On : 06-09-2022
Residence - Anganwadi Worker Selection - Advertisement dated 20.12.2016 - Sections 1, 2, 3 of the Advertisement Act - The court discussed the relevance of the survey report and nativity certificate in determining the residency of the petitioner for the Anganwadi Worker selection. The court emphasized the importance of the survey report and resident certificate issued by the Tahasildar in establishing the petitioner's eligibility. The court also highlighted the hyper-technical ground used by the ADM to reject the survey report and the lack of evidence for the conclusion that the petitioner is not a resident of Udayaganj Patna. The court ultimately quashed the impugned order dated 21.11.2017 passed by the ADM, Balasore.
Fact of the Case:
The petitioner applied for the post of Anganwadi Worker for Golabagad Mini Anganwadi Center. The selection and appointment of the petitioner was challenged by the opposite party no.4 before the ADM, Balasore, alleging that the petitioner is not a resident of the operational area of Golabagad Mini Anganwadi Center. The ADM allowed the appeal and quashed the selection and appointment of the petitioner.
Finding of the Court:
The court found that the petitioner's residency was established through the survey report and resident certificate issued by the Tahasildar. The court held that the ADM's rejection of the survey report was hyper-technical and lacked evidence. The court concluded that the impugned order passed by the ADM was not sustainable in the eye of law and therefore quashed the same.
Issues: The main issue revolved around the residency of the petitioner and the validity of the survey report and resident certificate in determining her eligibility for the Anganwadi Worker selection.
Ratio Decidendi: The court held that the survey report and resident certificate issued by the Tahasildar are crucial in establishing the residency of the petitioner for the Anganwadi Worker selection. The court emphasized the importance of considering the normal residence of the candidate and rejected the hyper-technical grounds used to reject the survey report.
Final Decision: The writ petition succeeded and the impugned order dated 21.11.2017 passed by the ADM, Balasore was quashed.
JUDGMENT
Sashikanta Mishra, J. - On 20.12.2016 an advertisement was issued by the CDPO, Bhograi in the district of Balasore inviting applications for the post of Anganwadi Worker for Golabagad Mini Anganwadi Center under CDPO, Bhograi. It was indicated in the said advertisement that the area of operation of the Mini Anganwadi Center would be Golabagad Part from House No. 68 to 76, i.e. the house of Panchu Gopal Das to Saraswati Dutta and from House No. 103 to 113 of Udayaganj Patna i.e. the house of Hemangini Pandit to Ramachandra Pandit. The petitioner belongs to village Udayaganj Patna Part. The advertisement stipulated that the applicant must be resident of the service area and that she is required to submit an affidavit indicating the house number as per the survey report along with the nativity certificate of the Tahasildar along with other terms and conditions, the petitioner submitted her application enclosing all the relevant documents on 05.01.2017. The CDPO, Bhograi called for survey report from the Anganwadi Workers, Ranjulata Sethi and Sangeeta Kundu, who submitted a report that the house of the petitioner's father- in-law, namely, Ramesh Chandra Behera is at serial no.110 of Udayaganj Patna and as such, she belongs to the area defined under House No.103 to House No.113. Three candidates had submitted applications including the petitioner. One Anjali Das and Puspanjali Das (the present opposite party no.4) are the other two applicants. At the time of scrutiny, it was found that the opposite party No. 4 did not have the requisite qualification for which her application was rejected. Out of the two remaining candidates the petitioner secured 72.2 points, while the said Anjali Das secured 39.5 points. Accordingly, the selection committee selected the petitioner as Anganwadi Worker of Golabagada Mini Anganwadi Center in its proceeding dated 06.04.2017. The final result sheet of selection of the Mini Anganwadi Workers was published on 06.04.2017, wherein the petitioner was declared as selected for Golabagada Mini Anganwadi Center under Barabati-2 Grama Panchayat.
Pursuant to publication of such result, the CDPO, Bhograi issued appointment letter on 12.04.2017 in favour of the petitioner. Accordingly, the petitioner submitted her joining report on 17.04.2017 in the office of the CDPO, Remuna and her joining report was accepted. Since then, the petitioner has been performing her duties with utmost satisfaction of the authority without any complaint whatsoever against her from any quarter. While the matter stood thus, the opposite party no.4 preferred Anganwadi appeal before the ADM, Balasore challenging the selection of the petitioner on the ground that she is not coming under the operational area of Golabagad Mini Anganwadi Center. The CDPO filed a para- wise comment denying the allegation. The petitioner also appeared and filed her objection denying the allegation. The CDPO in his para-wise comment stated that the petitioner is coming under the operational area of the Center as per report given by the Anganwadi Worker. However, the ADM, Balasore held that the survey report is not authentic and that the petitioner is not a resident of the operational area.
Accordingly, the appeal was allowed and the selection and appointment of the petitioner was quashed vide order dated 21.11.2017, enclosed as Annexure-11 to the Writ Petition. On such facts, the petitioner has approached this Court seeking the following relief:
'It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition and issue Rule NISI calling upon the Opposite Parties to show cause as to why the impugned order dt.21.11.2017 under Annexure-11 passed by Opposite Party No.2 in AWW Appeal No. 5 of 2017 shall not be quashed and if the Opposite Parties fail to show cause or show insufficient cause the Hon'ble Court may be pleased to issue a writ of certiorari quashing the impugned order dtd.21.11.2017 passed by the Opposite Party No.2
The main legal point established in the judgment is the significance of the survey report and resident certificate in determining the residency of a candidate for selection, emphasizing the normal re....
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
The court emphasized that adherence to specific geographic eligibility criteria is essential for engagement under government schemes, and errors in defining service areas can invalidate selections.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
Submitted residency documents like Ration Card, Aadhaar suffice if genuine; post-appointment hearsay inquiry without cogent proof cannot override them to disqualify appointee.
The court reinforced that administrative decisions regarding the appointment of Anganwadi Workers must be substantiated by clear evidence of residency, emphasizing the necessity for valid inquiries a....
The court emphasized the right to livelihood under Article 21, affirming that administrative decisions must consider valid evidence and cannot disregard established facts that support eligibility.
The eligibility criteria for Anganwadi Workers does not require passing a specific subject, only the ability to read and write Odia, which the petitioner fulfilled despite the conflicting certificati....
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 sui....
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