Gitanjali Mohanty v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.385 of 2014 Gitanjali Mohanty ....

Appellant Mr. A.K. Mishra-3, Advocate -versusState of Odisha and others ....

Respondents Mr. Ishwar Mohanty, A.S.C.

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.09.2022 02.

1. The short ground on which the learned Single Judge has in the impugned order dated 14th October 2014, rejected the challenge raised by the present Appellant in W.P.(C) No.27370 of 2013 to the selection of Respondent No.5 as Anganwadi Worker (AWW) of the Anganwadi Centre at Ranpur is that although the advertisement in Clause-10 required production of the College Leaving Certificate, there was no such requirement in the guidelines.

2. Learned counsel for the Appellant does not dispute that the guidelines did not require fulfilment of such a condition and it is only the advertisement which contains it.

3. Clearly, the advertisement cannot override the guidelines and insist on compliance of a requirement which did not form part of a guidelines.

4. Consequently, the Court is unable to find any error having been committed by the learned Single Judge in the impugned order. The writ appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S.K. Guin/S. Behera