Kalpa Manjari Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 24676 of 2022 Kalpa Manjari Naik ....

Petitioner Mr. A.K. Ray, Adv.

- Versus - State of Odisha & Others ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.

3.

The petitioner has approached this Court seeking the following relief:

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, issue Rule NISI in the nature of mandamus or any other appropriate writ calling upon the Opposite Parties to show cause as to why the Opp.Party No.2 & 3 will not be directed to disposal of the complaint petition of the petitioner dtd.5.9.2022 under Annexure-1 immediately in favour of the petitioner. And further to quash the Notice No. 595 dtd.2.9.2022 of list of candidates applied for under Annexure-5/ And further direction may be given for publication of fresh list of candidates applied for after quashing the notice No. 595 dtd.2.9.2022 of CDPO, Ghatagaon/Opp.Party No.4. And further direction may be given for no declaration of final list of candidates till disposal of complaint petition before DSWO, Keonjhar under Annexure-5.

And if the Opp.Parties more particularly Opp.Party No. 2, 3, 7 4 fail to show cause or show insufficient cause then the said rule be made absolute"

4.

The petitioner was an applicant for Anganwadi Worker in Chikinia Gram Panchayat in Keonjhar District. As per the letter dated 02.09.2022 of the CDPO, Ghatagaon, which was published in the Notice Board, the petitioner was placed at serial no.5 among 19

applicants. In the remark column of the said list it was mentioned that the petitioner's online application is incomplete. According to the petitioner, while uploading the certificate she had wrongly uploaded the resident certificate instead of caste certificate and in place of resident certificate, she wrongly uploaded her photo. As per the notice dated 02.09.2022, the applicants were permitted to raise their objections through online mode between 02.09.2022 to 09.09.2022. Accordingly, the petitioner claims to have approached the CDPO personally as the online portal was not functional. However, as there was no response, she appeared in the grievance cell of the Collector on 05.09.2022 as per copy of the receipt enclosed to the writ petition and submitted her written complaint. From the said receipt it appears that the grievance petition has been forwarded to DSWO, Keonjhar for action. It is submitted that no action has been taken on such complaint till date and in the meantime, the final merit list is going to be published shortly. 5.

Considering the fact that the complaint of petitioner is pending before the appropriate authority, without expressing any opinion on the merits of the same, the writ petition is disposed of with a direction to the DSWO, Keonjhar (Opposite Party No.3) to consider and dispose of the same by passing a lawful order within a period of two weeks after affording an opportunity of hearing to the petitioner. Till such time, the final merit list shall not be published, if not already published. The Opposite Party No.3 shall act upon the certified copy of this order produced by the petitioner. (Sashikanta Mishra) Judge A.K. Rana