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2013 DIGILAW 359 (ORI)

Saraju Behera v. Collector, Dhenkanal

2013-09-02

S.K.MISHRA

body2013
ORDER 2.9.2013 - Heard learned counsel for the parties. This is a second journey of the petitioner to the Court. The petitioner assails the order dated 5.12.2011 passed by the learned Additional District Magistrate, Dhenkanal in AWW Appeal Case No. 15 of 2011 dismissing her appeal and upholding the engagement of opposite party No.4, who was the applicant for the post of Anganwadi Worker in Balikiari-II Anganwadi Centre. Pursuant to the advertisement made by the authority with regard to Balikiari-II Anganwadi Centre under Hindol Block in the district of Dhenkanal, the petitioner along with opposite party No. 4 submitted applications for engagement as Anganwadi Worker. The said authority after receiving their applications as well as the certificates fixed a date for verification of original certificates on 27.11.2009. As the petitioner was not selected for the said post she made inquiries and came to know the reasons for their disqualification. She asked for document under R.T.I. Act and after obtaining such document she came to know that opposite party No. 4-Sanjukta Mahalik has submitted a forged mark-sheet showing that she has secured a total mark i.e. 424 in the matriculation Examination. Being aggrieved the petitioner has filed writ petition bearing W.P. (C) No. 5429 of 2010 before this Hon'ble Court, which was disposed of on 10.08.2010 giving liberty to the petitioner to file an appeal before the Additional District Magistrate, Dhenkanal, which was registered as AWW Appeal Case No. 15 of 2011. The appeal was allowed and the selection of opposite party No. 4 was set aside. Assailing that order, opposite party No. 4 filed a writ petition being W.P.(C) No. 24182 of 2011 before this Court. On 5.11.2011, the said Writ petition was disposed of remanding the matter back to the learned A.D.M. for fresh disposal of the appeal after giving opportunity of hearing to the parties. The parties were also directed to appear before the A.D.M. on 21.11.2011. After such remand, an order has been passed by learned A.D.M., Dhenkanal on 5.12.2011 in AWW Appeal Case No. 15 of 2011. It was taken note by the learned A.D.M., Dhenkanal that the present petitioner assails the selection of opposite party No. 4 on the ground of submission of forged mark-sheet showing that she has secured 424 marks instead of 255 marks in the HSC Examination. It was taken note by the learned A.D.M., Dhenkanal that the present petitioner assails the selection of opposite party No. 4 on the ground of submission of forged mark-sheet showing that she has secured 424 marks instead of 255 marks in the HSC Examination. However, the learned A.D.M., Dhenkanal carne to the conclusion that the correctness of two separate mark-sheets of opposite party No. 5, the Secretary, Board of Secondary Education, Odisha cannot be examined at that level. The learned A.D.M. further came to the conclusion that opposite party No.4 has secured 71.53% of marks whereas the present petitioner has secured 64.80% of marks and upheld the selection of opposite party No. 4. Counter affidavit has been filed by opposite party No.5-Secretary, Board of Secondary Education, Odisha, Cuttack. Para-2 and 3 of the said counter affidavit of the relevant for the same fact: "2. That in this writ application the petitioner has prayed for a direction to the authority to appoint the petitioner as Anganwadi Worker in Balaikiary (II) Anganwadi Centre under the C.D.P.O., Hindol, in place of opp. party No. 4 and in her writ application she has alleged that the mark sheet submitted by opp. party No. 4 appears to have been issued by the B.S.E., Odisha, Cuttack indicating the total mark as 424 in her Matriculation Examination. Though she secured 255 marks in the said Examination. 3. That this opp. party humbly begs to submit that Sanjukta Mahalik appeared in the Supplementary H.S.C. Examination in 1994 vide Roll No. 13AE171/94 (supple) and she secured 30 in FLO, 30 in SLE, 35 in TLS, 30 in MTA, 26 in MTG, 19 in SCP, 26 in SCL, 23 in SSH, 36 in SSG and the total marks is 255 and she passed in 3rd division and so far as Saraju Behera is concerned she appeared in 1999 HSC Examination with Roll No. 31RC048/99 (ANNUAL) and got 41 in FLO, 40 in SLE, 70 in TLS, 36 in MTA, 56 in MTG, 36 in SCP, 51 in SCL, 53 in SSH and 28 in SSG and secured 411 in total and passed in 2nd Division and accordingly necessary certificate are issued in their favour.” (Emphasis supplied) From the aforesaid counter affidavit which is not disputed by any of the parties, it is clear that the present petitioner has secured 411 marks in the HSC Examination. Opposite party No. 4 has secured 255 marks and not 424 marks. Therefore, the present petitioner is eligible, being the most meritorious candidates for being engagement as Anganwadi Worker. In that view of the matter, writ petition succeeds. The order passed by the Additional District Magistrate, Dhenkanal in AWW Appeal Case No. 15 of 2011 dated 05.12.2011 is quashed and the engagement of opposite party No. 4 as Anganwadi Worker is also quashed. It is further directed that the C.D.P.O., Hindol in the district of Dhenkanal shall issue the engagement order in favour of the petitioner within a period of thirty days from the date of passing of this order. The writ petition and pending misc. case are disposed of. Urgent certified copy of this order be granted on proper application. Petition disposed of.