IN THE HIGH COURT OF ORISSA AT CUTTACK WA Nos.766 and 767 of 2023 Appeals arising out of W.P.(C) Nos.16096 & 13154 of 2022 WA No.766 of 2023 K umari Khara …. Appellant -Versus-

State of Odisha and others …. Respondents Advocates appeared in this case:

For Appellant : Ms. Sujata Jena, Advocate Ms. Sonali Panda, Advocate For Respondents : Mr. Debaraj Mohanty, AGA (for opposite party nos.1 to 4)

Mr. Swapna Kumar Ojha, Advocate (for opposite party no.6)

WA No.767 of 2023 K umari Khara …. Appellant -Versus-

State of Odisha and others …. Respondents Advocates appeared in this case:

For Appellant : Ms. Sujata Jena, Advocate Ms. Sonali Panda, Advocate For Respondents: Mr. Debaraj Mohanty, AGA (for opposite party nos.1 to 4)

Mr. Swapna Kumar Ojha, Advocate (for opposite party no.6)

CORAM:

THE HON’BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD AND THE HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

J U D G M E N T

18.06.2025 PER MRUGANKA SEKHAR SAHOO, J.

Both the writ appeals are taken up together as they bring into question the legality of the common judgment and order dated 24.02.2023 passed by the learned single Judge dismissing the writ petition W.P. (C) No.16096 of 2022 filed by the appellant in Writ Appeal No.767 of 2023 who was the petitioner in the writ petition. The W.P.(C) No.16096 of 2022 was filed challenging order of the A.D.M., Jajpur dated 13.04.2022 directing fresh selection to be done for ‘Jari North’ Anganwadi Centre. Writ Appeal No.766 of 2023 is also filed by the appellant also challenging the common judgment and order dated 24.02.2023 allowing the writ petition W.P.(C) No.13154 of 2022 filed by the present respondent no.6. By the said judgment and order, the learned single Judge has set aside the order dated 13.04.2022 passed by the Additional District Magistrate, Jajpur (hereafter the A.D.M.) in Anganwadi Worker Misc. Appeal [A.W.W. Misc. (Appeal) case No.03/2021: Smt. Kumari Khara vrs. Smt. Sunita Mallik], upholding selection of respondent no.6 as Anganwadi Worker.

2. The appeal before the A.D.M. was filed as provided in the guidelines governing selection of Anganwadi Worker challenging selection of Anganwadi Worker for ‘Jari North’ Anganwadi Centre in village-Jari, Gram Panchayat-Jari in the district of Jajpur. The A.D.M. set aside the selection and directed for fresh advertisement and selection. The selection that was challenged was pursuant to the advertisement dated 19.07.2021 (Annexure-1 to the writ appeal), the English translation of which has also been filed on 03.07.2023. Pursuant to the said selection as per the advertisement, the respondent no.6 was selected as the Anganwadi Worker (AWW) by the committee. In the appeal before the A.D.M. the appellant challenged the selection and engagement order issued by the Child Development Project Officer, Binjharpur issued in favour of respondent no.6 as Anganwadi Worker.

2.1. The grounds of challenge in the appeal before the A.D.M. were, inter alia, as follows:

“(i) The respondent No.1 is not an inhabitant/residing of the center area of Jari North AWC i.e. Rama Chandra Mallik house to Jadaba Jena house.

(ii) The respondent No.1 is not known the Oriya language as well as not able to read and write.”

It was also alleged that selection committee had not properly verified the documents furnished by the respondent no.6.

2.2 Before the A.D.M., present respondent no.6 being arrayed as respondent no.1 filed her written submission in response to the appeal enclosing documents she relied upon. The respondent no.3 before the A.D.M. [Child Development Project Officer (CDPO), Binjharpur, respondent no.5 in the present appeal] also filed a written submission enclosing documents taking a stand that the selection of the respondent no.6 was on the basis of merit list prepared after consideration of all the candidates. The selected candidate had ‘knowledge in Odia’ and the respondent no.6 can speak, write and read in Odia. A similar stand was taken by the respondent no.6 before the A.D.M. that she can speak, wri