Puspalata Khatua v. The State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29311 of 2022 Puspalata Khatua ....

Petitioner Mr. R.D. Mohapatra, Advocate -versus1. State of Odisha

2. The Director, NHM, Odisha

3. The Collector, Khordha

4. The Child Development Project Officer

5. Runibala Rout Opp. Parties ....

Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

10.11.2022 01.

This matter is taken up through Hybrid arrangeme (video conferencing/physical mode).

Heard learned counsel for the petitioner as well learned Addl. Government Advocate for the State Odisha.

In this writ petition, the petitioner Puspalata Khatua has challenged the rejection of her application for engagement as Anganwadi Worker against Kapasia AWC-1, under Bolagarh Block in the district of Khordha.

Learned counsel for the petitioner submitted that

// 2 // the only reason that has been assigned is that the petitioner had not uploaded her matriculation mark sheet in the online portal but in fact, the same has been uploaded and the document has also been produced before the authority and in spite of that, her case has not been considered. It is further submitted that ventilating her grievances, an application has been made before the Collector, Khurda on 31.10.2022 and therefore, necessary order be passed directing the Collector to consider the application of the petitioner in accordance with law expeditiously. Learned counsel for the State, on the other hand, submitted that the guidelines for engagement of Anganwadi worker issued by the Government of Odisha Woman and Children Development Department dated 02.05.2007 clearly indicates that the Addl. District Magistrate is the Appellate Authority for hearing the complaints regarding selection of Anganwadi Workers for tribal and rural projects and urban projects. In view of such guidelines, it seems that the application has not been made before the competent authority.

Learned counsel for the petitioner submitted that permission may be granted to the petitioner to file an application before the Addl. District Magistrate within a stipulated period and the same may be directed to be considered in accordance with law.

Considering the submissions made by the

// 3 // learned counsel for the respective parties, it is ordered that if an application is filed by the petitioner ventilating her grievance regarding improper/illegal rejection of her candidature along with a copy of this order, the same shall be considered by the Addl. District Magistrate in accordance with law within a period of four weeks from the date of filing of such application after giving opportunity of hearing to the respective sides.

Accordingly, this writ petition is disposed of. A free copy of this order be handed over to the learned counsel for the State which will be communicated to the concerned Addl.

District Magistrate for compliance.

Issue urgent certified copy as per Rules.

(S.K. Sahoo) Judge P