The single judge disposed of a writ petition challenging the illegal selection of an Anganwadi Worker by granting liberty to the petitioner to file an appeal under government guidelines before the appropriate forum, without expressing any opinion on the merits.
Liberty granted to petitioner to file appeal before the appropriate forum; writ application disposed.
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WP(C) No. 2443 of 2011
Alleging illegal selection of opposite party no.5 as Anganwadi Worker, the petitioner has approached this Court by filing the present writ application.
Mr. P.K. Ghosh, learned counsel for the petitioner has contended that though the petitioner filed appeal against the impugned order of selection of opposite party no.5 the same has not been registered.
Mr. B.Senapati, learned Addl. Government Advocate for State opposite parties has contended that in paragraph 11 of the writ application it has been contended that the petitioner preferred appeal but no order has been passed on that.
Mr. B.C. Panda, learned counsel for opposite party no.5 states that if the petitioner challenges the selection and appointment of opposite party no.5, as per government guidelines the said order
if appealable, but instead of doing so the petitioner has directly approached to this Court.
Considering the contention raised by learned counsel for the parties and after going through the record, this Court finds that since against the illegal selection of Anganwadi Worker appeal lies under the government guidelines, liberty is given to the petitioner to file appeal before the appropriate forum.
With the above liberty the writ application stands disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case.
Issue urgent certified copy as per rules.
…………….…………… (DR. B.R. SARANGI) JUDGE
GDS
1 issue framed by the court
Whether the writ application challenging illegal selection of an Anganwadi Worker can be disposed of by granting liberty to prefer an appeal to the appropriate forum.
Petitioner
Opposite Party No.5
B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
