Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sita Jagadala – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. contention regarding the petitioner's residency and appointment eligibility. (Para 3 , 4 , 5) |
| 2. court's observation on the adm's findings and evidence reliability. (Para 10 , 11 , 12) |
| 3. final ruling of dismissal of the writ petition. (Para 14) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner, in the present writ petition calls in question the correctness of order dated 04.11.2015 passed by the ADM, Sonepur in AWW Appeal Case No. 21 of 2013 whereby her selection and engagement as Anganwadi Worker of Mursundi-V Anganwadi Center was held illegal and the present Opposite Party No.5 was directed to be engaged as such.
2. The facts of the case, briefly stated are that pursuant to an advertisement issued by the CDPO, Birmaharajpur for engagement of Anganwadi Worker of Mursundi-V Anganwadi Center, seven persons including the petitioner and Opposite Party No.5 submitted applications. The petitioner was selected as anganwadi worker as per order dated 04.04.2013 pursuant to which she joined. Her selection was challenged by the present opposite party No.5 in the aforementioned appeal filed before the ADM, Sonepur, mainly on the ground that she was not a resident of the service ar
The court affirmed the importance of residency claims in Anganwadi Worker appointments, upholding the ADM's findings based on survey evidence.
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 engagement of Anganwadi Workers must adhere to residential criteria as per the governing regulations, and procedural fairness must be maintained in selection processes.
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 cut-off date for residence certificate submission cannot be extended by the selection committee, and selections based on invalid documents are subject to judicial review.
Residency in the poshak kshetra is essential for the appointment of Anganwadi Sevika, and factual findings by inquiry officers are binding unless proven erroneous.
The selection of candidates must adhere strictly to outlined guidelines, particularly regarding cut-off dates, and merit must be considered when appointing from remaining candidates.
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
