Susama Behera v. Collector-Cum-D.M.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.55 of 2013 Susama Behera ....

Appellant Mr. Aurovinda Mohanty, Advocate -versusCollector-cum-District Magistrate, Kendrapara and others ....

Respondents Mr. M.K. Khuntia, A.G.A. for the State

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.09.2022 06.

1. The present appeal is directed against an order dated 21st January 2013 passed by the learned Single Judge dismissing W.P.(C) Nos.22836 and 29303 of 2011 whereby the challenge to an order dated 3rd August 2011 passed by the Collector-cum-District Magistrate, Kendrapara in Misc. Appeal No.18 of 2009 confirming an order dated 11th December 2009, passed by the Sub-Collector, Kendrapara in Anganwadi Misc. Case No.3 of 2008 was affirmed.

2. The Sub-Collector by the impugned order had remanded the case to the appointing authority to reconsider their matter afresh in view of the Government circular dated 24th November 1997 regarding selection of Anganwadi Helper.

3. As can be seen from the impugned order, the selection took place on a date that there were heavy rains and a meeting actually

could not be held of the selection committee. When it was challenged by the unsuccessful candidate before the Sub-Collector, Kendrapara in the aforementioned Misc. Case No.3 of 2008, the Sub-Collector allowed the appeal and directed that the matter be considered afresh in terms of the Government guideline dated 24th November 1997.

4. The Court is unable to find any error having been committed by the Sub-Collector in passing the above order. It has rightly been affirmed by the Collector while dismissing the Petitioner's appeal. The Court is therefore not inclined to interfere with the impugned order of the learned Single Judge. The appeal is accordingly dismissed.

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