Advocates:
['M/S BHABANI SANKAR DAS', '', 'S K GARTIA', 'M/S D PATTNAIK', 'P BEHERA']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No. 49 of 2016

Meena Suna

&.

Appellant

Mr. Bhabani Sankar Das, Advocate

-versus-

The Sub-Collector, Padampur and

others

&.

Respondents

Mr. M.K. Khuntia

Additional Government Advocate for the State

CORAM:

THE CHIEF JUSTICE

JUSTICE M.S. RAMAN

ORDER

10.11.2022

Order No.

04.

1. This writ appeal is directed against the judgment dated 8^th

December, 2015 passed by the learned Single Judge in W.P.(C)

No.17910 of 2010, setting aside an order dated 5^th November, 2009

passed by the Sub-Collector, Padampur which allowed the appeal

filed by the present Appellant thereby setting aside the selection of

Respondent No.5 (the writ Petitioner) as Anganwadi Worker

(AWW) for the Brahmanipalli Anganwadi Center (AWC).

2. On 8^th February, 2016 while issuing notice in the present writ

appeal, this Court directed status quo to be maintained by the

parties. The Court has been informed that the present Appellant has

been continuing as AWW at the above mentioned AWC till date.

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3. It must be noted at the outset that despite service of notice upon

Respondent No.5, none has appeared on her behalf.

4. The background facts are that the Child Development Project

Officer (CDPO), Bijepur invited applications for appointment of 15

AWWs at various AWCs of Bijepur ICDS by an Advertisement

dated 8^th September, 2008. The Brahmanipali AWC was one among

the 15 Centers. The last date for receipt of applications was 23^rd

September, 2008. The date of verification of the application forms

was 24^th September, 2008.

5. On that date of verification, it was found that the mark sheet of

the present Appellant was not attached with her application.

According to her, this was intentionally pulled out by someone.

Since the mark sheet was not there with the application, the

Appellant submitted a Xerox attested copy of her mark sheet to the

CDPO, Bijepur. He, however, did not accept it. Since the Appellant

belongs to the 8GANDA9 caste, i.e., the Scheduled Caste

community, the Appellant would have got 10% additional marks in

addition to the mark secured by her in the Matriculation

examination as per the guidelines dated 2^nd May, 2007 prescribed

for appointment of AWWs.

6. On 25^th September, 2008 the CDPO, Bijepur published a notice

inviting objections regarding residence, education qualification,

caste etc., to be submitted by 3^rd October, 2008. The Appellant

submitted her mark sheet on 3^rd October, 2008 along with an

application which was received by a Lady Supervisor. On 22^nd

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October, 2008 the CDPO, Bijepur and the Chairman of the

Selection Committee rejected the Appellant9s application.

7. The Appellant then filed a petition before the Additional District

Magistrate (ADM), Bargarh which was sent to the BDO, Bijepur

for taking necessary action. On 25^th October, 2008 during selection

of AWW for Brahmanipali AWC, the BDO, Bijepur submitted a

note with his signature on the final selection list stating 8Chairman

of the selection committee and CDPO is requested to seek

clarification regarding the grievance petition before issuing

appointment order9. Nevertheless, the CDPO, Bijepur issued the

appointment order in favour of Respondent No.5.

8. Aggrieved by the above selection of Respondent No.5, the

Appellant filed an appeal before the Sub-Collector, Padampur being

Case No.2 of 2009.

9. The Sub-Collector, Padampur found that the selection committee

ought to have sought a clarification in terms of the opinion of the

BDO, Bijepur. It was opined that the mark sheet received on 3^rd

October, 2008 ought to have been included with the application of

the Appellant. There was an absence of clear guidelines to redress

such problems and the selection committee should not have acted

rigidly. Accordingly, the appeal was allowed by the orde