Gurubari Das v. State Of Orissa

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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.170 of 2016 Gurubari Das .... Appellant Mr. Panchanan Sahoo, Advocate -versusState of Odisha and others ....

Respondents Mr. D.K. Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

29.09.2022 07.

1. The challenge in the present appeal is to an order dated 16th February, 2016 passed by the learned Single Judge dismissing the Appellant's Writ Petition (Civil) No.5028 of 2012 whereby he challenged an order passed by the ADM on 28th February, 2012 cancelling the candidature as Anganwadi Worker (AWW).

2. The fact of the matter was that the Appellant did not submit the residential certificate but given undertaking to submit and on that basis the selected committee accepted her candidature and ultimately selected.

3. This was challenged before the ADM by way of an appeal by Respondent No.5. The ADM accepted the contention of Respondent No.5 and it was found that Respondent No.5 has got more marks then the present Appellant.

4. The short question before the learned Single Judge as to whether the Appellant had submitted all relevant documents at

// 2 // the time of submission of the application. The answer was in the negative since the certificate of residence for the year in which the application was made was not enclosed with the application form.

5. Learned counsel for the Appellant states that the Appellant had already submitted the residential certificate of the year 2004 and 2008 and as far as recent certificate is concerned, it was admittedly, not submitted with the application form.

6. In the circumstances, the Court finds grounds for interference with the impugned order of the learned Single Judge. The appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge KC Bisoi