Lipsamayee Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18228 of 2022 Lipsamayee Naik ....

Petitioner Mr. A. Swain Advocate -versusState of Odisha & others ....

Opposite Parties Mr. N.K.Praharaj, Govt. Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.8.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Government Advocate for the State.

3. The Petitioner is aggrieved by the procedure adopted for selection of Anganwadi Worker in respect of Dhumabhata (1) Anganwadi Centre in the district of Bolangir. It is contended that the said selection is contrary to the guidelines issued by the Government vide letter dated 2nd May, 2022 wherein additional percentage to the extent of 5% is required to be added if the candidate is intermediate or equivalent or has

// 2 // higher qualification. The Petitioner claims to be a graduate and therefore, according to her, 5% additional marks should have been added to her tally of marks and in such event, she should have been selected as against Opposite Party No.5 (Lisa Patel), who, was actually selected.

4. After considering the submissions as above and on perusal of the guidelines enclosed as Annexure-1 as also the proceedings of the selection committee meeting, this Court, prima facie, finds some force in the contentions raised before this Court. However, statutory remedy of appeal is provided under the rules.

5. In such view of the matter, the Writ Petition is disposed of granting liberty to the Petitioner to prefer an appeal before the appellate authority within a period of two weeks. In the event the appeal is filed within the period as aforesaid, the same shall be considered in accordance with law as also with reference to the guidelines dated 2nd May, 2007 and after granting opportunity of hearing to all concerned including Opposite Party No.5. Till such time, any selection made shall abide by the final decision of the appellate authority.

6. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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