Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.

ORDER :

S.K.PANIGRAHI, J.

1. This matter is taken up through hybrid arrangement.

2. In this Writ Petition, the Petitioner assails the action of the Opposite Party Nos.2/Sub- Collector, Puri and 3/ Child Development Project Officer, Kakatpur in not appointing her as Aganwadi Worker for Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the district of Puri.

3. Heard learned counsel for the Parties.

4. The Opposite Party No.3 Child Development Project Officer, Kakatpur invited applications vide notice/ advertisement No.253 dated 31.12.2009 from the intending candidates for appointment of Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri as well as 69 other centres. In the said advertisement, last date for submission of application was fixed as 15.01.2010. Pursuant to the said advertisement, the Petitioner and two other candidates submitted their applications for being appointed as the Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri. On 10.05.2010 the Selection Committee presided by the Opposite Party No.2/Sub- Collector, Puri selected and appointed 56 Anganwadi Workers for 56 centers. But no selection/ appointment was made for Mutunia-2 Anganwadi Centre even though in the verification-sheet the Petitioner was found to be the most eligible candidate on the ground that a further enquiry with regard to the nativity of the Petitioner was required to be obtained from the concerned Tahasil, as there was some anomalies in the report of the concerned Revenue Inspector.

5. Having such doubt, the Tahasildar, Kakatpur was asked to cause an inquiry with regard to the nativity of the Petitioner. In turn, the Tahasildar, Kakatpur directed the Revenue Inspector, Kakatpur to submit a report after causing field inquiry. The Revenue Inspector, Kakatpur conducted field inquiry and recorded the statements of local residents of Ward No.5 with regard to the nativity of the Petitioner and submitted his report before the Tahasildar, Kakatpur indicating therein that the Petitioner is a person of the locality i.e. Ward No.5, against which the appointment was sought for vide his report dated 12.05.2012.

6. Accordingly, the Tahasildar, Kakatpur intimated the Opposite Party No.3 / Child Development Project Officer, Kakatpur about the outcome of the further inquiry conducted by the Revenue Inspector, Kakatpur with regard to the nativity of the Petitioner. But, no action was taken by the selection body. Therefore, the Petitioner was constrained to represent before the Opposite Parties vide representations dated 14.02.2013 and 15.02.2013 respectively. However, no step was taken by the Opposite Parties for selection of the Petitioner as Anganwadi Worker in Mutunia-2 Anganwadi Centre of Patasundarpur Gram Panchayat in the District of Puri. Therefore, the Petitioner is constrained to approach this Court by way of the present Writ Petition.

7. Learned counsel for the Petitioner submits that the Opposite Party No.3 / Child Development Project Officer, Kakatpur is acting neither on the report submitted with regard to nativity of the Petitioner nor on the representation made by the Petitioner. He further submits that the Opposite Parties being the responsible public servants are supposed to act in a fair manner. Therefore, this Writ Petition may be allowed and direction may be issued to the Opposite Parties to offer appointment to the Petitioner for the said post.

8. Learned counsel for the State submits that though the Petitioner was the most deserving of all the candidates for the post of Anganwadi Worker on merit, but her nativity was held under doubt as per the report of R.I as well as objections /a