Soumitrimayee Panda vs Smt.Smita Panda & Others
2023 Latest Caselaw 734 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       WA No.363 of 2020
            Soumitrimayee Panda                        ....           Appellant
                                                Mr. Somanath Mishra, Advocate

                                            -versus-
            Smt.Smita Panda & Others             ....         Respondents
                                  Mr. Jayant Kumar Rath, Senior Advocate
                                                   (for Respondent No.1)
                                  Mr. M.K. Khuntia, Addl. Govt. Advocate

                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE M. S. RAMAN

                                          ORDER

24.01.2023 Order No.

05. I.A. No. 721 of 2020

1. For the reasons stated therein, the delay in filing the appeal is condoned.

2. The I.A. is disposed of.

WA No.363 of 2020

3. The present appeal is directed against the judgment dated 19th November, 2019 passed by the learned Single Judge allowing W.P.(C) No. 20670 of 2011 filed by the Respondent No.1, whereby an order dated 6th April, 2011 passed by the Addl. District Magistrate, Bhadrak in Anganwadi Appeal Case No. 66 of 2010 and the order dated 11th October 2010, whereby the present Appellant was selected as Anganwadi Worker (AWW) in respect of the Thakurpatna Mini Anganwadi Centre (AWC) of Daipur Gram Panchayat, was set aside.

4. The background facts are that an advertisement was issued by CDPO, Dhamnagar for engagement of AWW in respect of the aforementioned AWC. Pursuant thereto, both the Appellant and Respondent No. 1 submitted their respective applications. Admittedly, the application was submitted on 9th December, 2009 by the Appellant. Learned Single Judge has in the impugned judgment noticed the above date and observed that it was 'the last date of submission'.

5. This appears to be factually incorrect since the advertisement itself, copy of which has been placed as Annexure-1 to the writ appeal, indicates the last date of submission of the application to be 11th December, 2009. It appears that this error has led to the further conclusion by the learned Single Judge that the Appellant was unable to submit the relevant certificate of her physical disability before the deadline of 9th December, 2009, whereas the present Appellant in fact submitted such certificate on 10th December, 2009 i.e. before the deadline of 11th December, 2009.

6. The learned Single Judge has, in para 3 of the impugned judgment, noted the submission of counsel for the Respondent No.1 that she did produce physical disability certificate on 10th December, 2009. Only because the Appellant did not produce certificate along with the application submitted by her on 9th December 2009, but one day later, she was sought to be disqualified and her candidature was cancelled. With the last date for submission of the application itself being 11th December, 2009 and not 9th December, 2009 as noted in the impugned order of the learned Single Judge, it cannot be said that by submitting the disability certificate on 10th December, 2009,

the Appellant failed to meet the deadline for submitting such certificate.

7. Since this was the only ground on which the Appellant was sought to be disqualified for the post of AWW, this Court sets aside the impugned order of the learned Single Judge and restores to file the order dated 11th October, 2010 and the appellate order dated 6th April, 2011 passed by the ADM dismissing the appeal filed by the Respondent No. 1.

8. The writ appeal is allowed in the above terms.

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman) Judge Aks