RANJITA NAYAK V. SUB-COLLECTOR-CUM-CHAIRMAN, SELECTION COMMITTEE, ICDS PROJECT,NAYAGARH

WA/1808/2023

AI Insights

The case revolves around the eligibility of Ranjita Nayak for the position of Anganwadi Worker at Dalak \\u2018Gha\\u2019 Anganwadi Centre, which she contested after her selection was challenged. The Additional District Magistrate, Nayagarh, after a detailed enquiry, found that Ranjita Nayak did not reside within the service area of the Anganwadi Centre, leading to her disengagement. This decision was upheld by the learned Single Judge of the Orissa High Court, and subsequently, the Division Bench dismissed the writ appeal filed by Ranjita Nayak, affirming the findings of the lower authorities.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 725830 (HC-CUTTACK)
• Appeal Type: Others
• Pronouncement Date: 27-03-2024
• Assessment Year: misc
• Other Referred Cases: Sasmita Sahoo Vrs. State of Odisha, State of Karnataka Vrs. Ameerbi, General Manager, Electrical, Rengali Hydro Electric Project, Odisha Vrs. Sri Giridhari Sahu
• Laws Referred To: Article 4 of the Orissa High Court Order, 1948, Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna, Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, Articles 226 and 227 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: RABI NARAYAN MISHRA; LAXMIKANTA MOHANTY; RASMITA DAS; SUMANTA DAS
• Assessee Lawyers: BHABANI SANKAR TRIPATHY; MANMAYA DASH; SOUBHAGYA RATH
• Keywords: Residential status; Selection committee; Writ Appeal; Anganwadi Worker; Integrated Child Development Scheme
• Section: 11408

Judgement Text

" WA No.1808 of 2023 Page 1 of 45 ORISSA HIGH COURT : CUTTACK W.A. No.1808 of 2023 In the matter of an Appeal under Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948 *** Ranjita Nayak Aged about 32 years Wife of: Pravat Kumar Barik At: Dalak (College Road) P.O./P.S.: Odagaon District: Nayagarh. … Appellant (Petitioner in the writ petition). -VERSUS- 1. Sub-Collector-cum-Chairman Selection Committee Integrated Child Development Scheme Project Nayagarh At/P.O./P.S./District: Nayagarh. 2. Tahasildar, Odagaon At/P.O.: Odagaon, District: Nayagarh. 3. Block Development Officer, Odagaon At/P.O.: Odagaon, District: Nayagarh. WA No.1808 of 2023 Page 2 of 45 4. Child Development Project Officer, Odagaon At/P.O.: Odagaon, District: Nayagarh. 5. Additional District Magistrate, Nayagarh At/P.O./P.S./District: Nayagarh. 6. Rashmirani Dora Wife of Purna Chandra Dora At: Dalak (College Road) P.O./P.S.: Odagaon District: Nayagarh … Respondents (Opposite parties in the writ petition). Counsel appeared for the parties: For the Appellant : M/s. Bhabani Sankar Tripathy, Manmaya Kumar Dash, Soubhagya Kumar Rath, Advocates For the Respondent : Mr. Rabi Narayan Mishra, Nos. 1 to 5 Additional Government Advocate For the Respondent : Mr. Laxmikanta Mohanty, No. 6 Rasmita Das, Sumanta Das Advocates P R E S E N T: THE HONOURABLE CHIEF JUSTICE MR. CHAKRADHARI SHARAN SINGH AND THE HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 19.03.2024 :: Date of Judgment : 27.03.2024 WA No.1808 of 2023 Page 3 of 45 JUDGMENT MURAHARI SRI RAMAN, J.— THE CHALLENGE: Assailed in this intra-Court appeal invoking provisions of Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, is the Order dated 07.07.2023 of the learned Single Judge while disposing of the Writ Petition bearing W.P.(C) No.11408 of 2017 in the matter of Articles 226 and 227 of the Constitution of India, whereby the appellant (Petitioner in the writ petition) prays for the following relief(s): “It is therefore prayed that this Hon‟ble Court may graciously be pleased to admit this writ appeal, issue notice to the respondents, call for entire selection records from the court below and after hearing the counsel for the parties be pleased to allow the appeal by setting aside the order dated 07.07.2023 under Annexure-4 passed by this Hon‟ble Single Judge in W.P.(C)No. 11408 of 2017. And pass any other order/orders, direction/directions as this Hon‟ble Court would deem fit and proper in the facts and circumstances of the case. And for the said act of kindness, the appellant shall as in duty bound ever pray.” WA No.1808 of 2023 Page 4 of 45 THE FACTS: 2. Facts as adumbrated by the appellant reveals that responding to Notification dated 07.01.2011 which was published by the Child Development Project Officer, Odagaon (abbreviated, “CDPO”, for convenience) for engagement of Anganwadi Worker in the Dalak (Gha) Anganwadi Centre (for brevity referred to as, “Anganwadi”), which comprises of Dalak-Goudasahi and College Road, the appellant along with other twelve candidates made an application offering her candidature. 2.1. It is claimed that being selected by the Selection Committee, Odagaon Integrated Child Development Service Programme (“ICDS”, for short), the appellant was engaged in Dalak „Gha‟ Anganwadi Centre, and she has been continuing to discharge her function as Anganwadi Worker. 2.2. Two of the applicants namely Ms. Rashmirani Dora (respondent No. 6) and Ms. Sandhyarani Mishra, having preferred appeals, registered as Anganwadi Appeal Nos. 14 and 15 of 2011 before the respondent No.5- Additional District Magistrate, Nayagarh, which resulted in dismissal by Order dated 21.02.2012 indicating that the present appellant was rightly selected as Anganwadi Worker in subject-Anganwadi Centre; thereby the WA No.1808 of 2023 Page 5 of 45 appellant is considered to be resident of the College Road area at Plot No.736/3284 in Khata No. 350/2707 which is part of the Dalak (Gha) Anganwadi Centre. 2.3. Aggrieved by rejection order, both the applicants (appellants before the Additional District Magistrate), presented writ petitions, registered as W.P.(C) No. 5963 of 2012 and W.P.(C) No. 6220 of 2012, invoking extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India. Said writ applications came to be disposed of by a common Order on 02.08.2016 with the direction to the Additional District Magistrate, Nayagarh to adjudicate the issue as per law within eight weeks from the date of receipt of order after providing opportunities of hearing to all affected parties. 2.4. In compliance of such direction of this Court the Additional District Magistrate having heard both the appeals, passed the final Order on 11.01.2017 and concluded as follows: “Having heard both the parties to the dispute and going through the evidence on record. I am of the opinion that the college road extends from Raghunath Smabaya Mahavidyalaya, Odagaon to Police Station Odagaon. The residences located on either side of the aforesaid road are called the residence of college road. Different Sahis have originated from college road and extended in different direction away from the college road. It is seen that in WA No.1808 of 2023 Page 6 of 45 between Gouda Sahi and Nityananda Sahi there is another Sahi called Gupta Matha Sahi. So Nityananda Sahi is neither close to Gouda Sahi nor within the college road. The residence of Respondent No.5 (Ranjita Nayak, the present appellant in writ appeal) is in Nityananda Sahi which does not come under the service area of Dalak „Gha‟ Anganwadi Centre. Relying on the report of Tahasildar, Odagaon addressed to the Sub-Collector, Nayagarh one can clearly come to a conclusion that the Respondent No.5 is not the residence of Dalak „Gha‟ Anganwadi Centre area. In the result the prayer of the appellant is accepted. Engagement of Respondent No.5 as the Anganwadi Worker of Dalak „Gha‟ Anganwadi Centre is set aside. The matter is remanded to the Selection Committee to dispose of the matter afresh keeping in mind the findings that Respondent No.5 was not a residence of Dalak „Gha‟ Anganwadi Centre area at the time of her selection as a Anganwadi Worker. The report of the R.I. Odagaon at the back side of the Misc. Certificate is neither acceptable not reliable on the ground that a Misc. Certificate is prepared and issued on the basis of the report submitted by the R.I. or any other official detailed by the Tahasildar. Here report has been recorded on the back of the certificate which has already been issued.” 2.5. Being aggrieved, said Order dated 11.01.2017 of the Additional District Magistrate, the appellant had approached this Court by way of filing petition bearing W.P.(C) No. 11408 of 2017, wherein by an interim Order dated 27.06.2017 the appellant was directed to continue as Anganwadi Worker in Dalak (Gha) Anganwadi Centre. WA No.1808 of 2023 Page 7 of 45 2.6. On 07.07.2023 learned Single Judge dismissed the writ petition being W.P.(C) No.11408 of 2017 taking into the consideration the factual finding recorded in the Order dated 11.01.2017 passed by the Additional District Magistrate, Nayagarh in Anganwadi Appeal Nos. 14 and 15 of 2011, held as follows: “8. Having heard the learned counsel for the Parties at length and going through the evidence on record and after perusing the documents annexed herewith and also going through the impugned order, this Court is of the view that the impugned order passed by the Opposite Party No.5/Additional District Magistrate, Nayagarh does not suffer from any error so as to warrant interference by this Court. Hence, the impugned order dated 11.01.2017 under Annexure- 5 passed by the Opposite Party No.5/ Additional District Magistrate, Nayagarh in A.W. Appeal Nos.14 and 15 of 2011 be complied with within a period of three months from today. 9. Accordingly, this Writ Petition is dismissed. 10. Interim order dated 27.06.2017 passed in Misc. Case No.10399 of 2017 arising out of W.P.(C) No.11408 of 2017 stands vacated.” 2.7. Hence, this writ appeal has been preferred questioning the propriety of Order dated 07.07.2023 of the learned Single Judge. THE REPLIES OF THE OPPOSITE PARTIES: WA No.1808 of 2023 Page 8 of 45 3. A counter affidavit objecting to the averments made in the writ petition has been filed by the respondent Nos.1 to 5 inter alia contending that the residence of the appellant being not falling within the area for which advertisement for selection of Anganwadi Worker was floated, the Appellate Authority had rightly set aside the engagement of the appellant as Anganwadi Worker of Dalak „Gha‟ Anganwadi Centre. 4. Refuting the assertion of the appellant, counter affidavit filed on behalf of the opposite party No.6 (respondent No.6 herein) before the learned Single Judge revealed that the appellant, being resident/inhabitant of “Nityanandasahi” and having another house property at “College Road, Dalaksahi” which is nearer to “Kalyanisahi”, she was wrongfully selected as Anganwadi Worker for said place of residence does not fall within the Dalaksahi area. The opposite party No.6 clarified as follows: “It is pertinent to mention herewith that both Nityanandasahi and College Road, Dalaksahi, nearer to Anganwadi Centre. Apart from the house of the petitioner which is at Nityanandasahi situated at over plot No.449, Khata No.154, Mouza: Dalak. It also appears from the documents which was obtained under the RTI Act that the residence certificate bearing Misc. Certificate Case No.15724 of 2010 which was issued in favour of the petitioner by the concerned Tahasildar on the basis of Record-of-Right containing the Khata No.154, Plot No.449 WA No.1808 of 2023 Page 9 of 45 in Mouza: Dalak. It also appears from the Naksha of Mouza: Dalak Nityanandasahi which was obtained under RTI Act that the house of the petitioner of which Plot No.449 is situated at Nityanadasahi. In view of the above the petitioner is not coming under the service area of Dalak „Gha‟ Anganwadi Centre.” 4.1. By way of preliminary counter affidavit filed by the respondent No.6 in the writ appeal, it has been urged that upon being directed by Order dated 02.08.2016 passed in W.P.(C) No.5963 of 2012, the competent authority having caused “a field survey of the area” with respect to the fact whether the appellant “belongs to the service area of the said Anganwadi Centre”, a report came to be submitted indicating that the appellant “does not belong to the service area of Dalaka „Gha‟ Anganwadi Centre”. Such factual aspect is not the domain of writ Court to re-appreciate evidence. 4.2. It is affirmed by the respondent No.6 that the Additional District Magistrate, Nayagarh having adjudicated the factual aspect of the matter in compliance of direction issued in W.P.(C) No.5963 of 2012 vide Order dated 02.08.2016, the same does not warrant interference of this Court. HEARING OF THE WRIT PETITION: 5. This matter was on board on 19.03.2024 under the heading “Admission”. It is stated at the Bar that this WA No.1808 of 2023 Page 10 of 45 matter relates to advertisement for engagement of Anganwadi Worker in the year 2011 and the writ petition being dismissed, and pleadings having been exchanged among parties, the matter can be finally heard and disposed of. Therefore, this Court heard the matter for final disposal. Heard Sri Bhabani Sankar Tripathy, learned Advocate for the appellant; Sri Manoj Kumar Khuntia, learned Additional Government Advocate appearing for the respondent Nos.1 to 5; and Sri Laxmikanta Mohanty, learned Advocate for the respondent No.6. SUBMISSIONS AND ARGUMENTS OF RESPECTIVE PARTIES: 6. Sri Bhabani Sankar Tripathy, learned Advocate for the petitioner submitted that the appellant in this writ appeal challenges the Order dated 07.07.2023 passed by learned Single Judge in W.P.(C) No. 11408 of 2017 by which the writ application was dismissed by taking into account observation of the Additional District Magistrate-Appellate Authority. 6.1. Reiterating stand taken in the writ petition as also the writ appeal, Sri Bhabani Sankar Tripathy, learned Advocate submitted that Dalak „Gha‟ Anganwadi Centre consists of area from Goudasahi and College Road and the house of appellant is situated within the College Road vide Khata No.550/2707, Plot No.736/3284, WA No.1808 of 2023 Page 11 of 45 Mouza: Dalak, Tahasil: Odagaon. Since the appellant was given engagement after verification of factual aspect supported by the testimonial furnished before the Selection Committee, there was no scope for the Additional District Magistrate to interfere with the decision of the Selection Committee while sitting in appeal. The writ Court having confirmed the Order of the Additional District Magistrate, the appellant would suffer termination. 7. Supporting the arguments advanced by Sri Manoj Kumar Khuntia, learned Additional Government Advocate, Sri Laxmikanta Mohanty, learned Advocate for the respondent No.6 vehemently contended that the Additional District Magistrate having caused enquiry with respect to residential status of the appellant has applied his judicious and conscientious mind while disposing of the appeal upon being directed to take fresh view pursuant to Order dated 02.08.2016 passed in W.P.(C) No.5963 of 2012. 7.1. It is submitted that the appellate order being passed based on evidence, the learned Single Judge was justified in his approach by dismissing the writ petition. Therefore, this writ appeal deserves to be dismissed. 7.2. Amplifying the argument, it is submitted that the fact- finding authority has recorded finding upon receipt of WA No.1808 of 2023 Page 12 of 45 enquiry report that “College Road extends from Raghunath Samabaya Mahavidyalaya, Odagaon to Police Station, Odagaon. The residences located on either side of the aforesaid road are called the residence of College Road. Different sahis have originated from College Road and extended in different direction away from the College Road”. The Appellate Authority, thus, ascertained that the appellant, being resident of “Nityanandasahi”, which is neither close to Goudasahi nor does it come within the “College Road” Area. It is categorically observed by the Appellate Authority that “the residence of respondent No.5 (present appellant) is in Nityanandasahi which does not come under the service area of Dalak „Gha‟ Anganwadi Centre”. 7.3. There being no infirmity or perversity in the conclusion arrived at by the learned Single Judge, this writ appeal deserves dismissal. CONSIDERATION OF RIVAL CONTENTIONS: 8. The Government of Odisha in Women and Children Development Department issued “Revised Guidelines for selection of Anganwadi Workers” vide Letter No.145/SWCD-IV-ICDS-I-I/04, dated 02.05.2007, wherein Paragraph (1) and Paragraph (6) thereof read as follows: WA No.1808 of 2023 Page 13 of 45 “1. Applications for selection of volunteers to work as Anganwadi Workers will be invited for each village/ Anganwadi Centre area from women residing in the said village/Anganwadi Centre area. 6. The Anganwadi Worker is a volunteer who gets an honorarium for the service rendered by her to the less privileged persons of her community. She is not a Government servant with fixed or graduated pay scale. Therefore, the provisions of the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 shall not apply in selection of Anganwadi Workers. Similarly, an Anganwadi Worker cannot claim any regular appointment in future on the basis of her selection as Anganwadi Worker. However, preference shall be given to Scheduled Tribe/Scheduled Caste candidates in Scheduled Area.” 8.1. The Government of Odisha in Women and Children Development Department issued “Guidelines for selection and engagement of Mini Anganwadi Workers” vide Letter No.IV/ICDS-I-115/07—21022/WCD, dated 07.09.2007, wherein Paragraph (1) stands as follows: “The selection of Mini Anganwadi Workers will be same as „Revised Guidelines for the selection of Anganwadi Workers‟ (vide Letter No.145, dated 02.05.2007). In other words, the revised guidelines issued for the engagement of Anganwadi Workers will be applicable mutatis mutandis for the Mini Anganwadi Centres also.” WA No.1808 of 2023 Page 14 of 45 8.2. Perusal of Advisement No.11, dated 07.01.2011 floated by the Integrated Child Development Scheme (Annexure- 1 to the writ petition and Annexure-5 series to the writ appeal) indicates as follows: “Applications are invited from women candidates who are willing to work as Anganwadi Workers and Mini Anganwadi Workers in the following newly opened Anganwadi Centre and Mini Anganwadi Centre and vacant Anganwadi Centre and Mini Anganwadi Centre within Odagaon limits of the Integrated Child Development Project. Guidelines for application and application forms are available at the above Office. A. Eligibility of candidates: 1. Candidate must be permanent resident connected to Mini Angawadi Centre village / connected grama / sahi / lane (pada) 2. Candidate must submit certificate of permanent resident of Mini Anganwadi Centre area during the year 2010-11 obtained from concerned Tahasildar. The certificate of permanent residence must specify clearly the connected grama / pada where the candidate is permanent resident. This apart, affidavit of the candidate is required to be furnished specifying the name of the connected grama / pada (lane) / sahi where she is permanent resident is to be enclosed to the application. 3. Candidate must be above 18 years and below 42 years as on 01.01.2011. *** WA No.1808 of 2023 Page 15 of 45 Name of Anganwadi and Mini-Anganwadi Centres for filling up (Odogaon) Name of Grama Panchayat Sl. No. Name of Anganwadi Centre Name of connected sahi / grama Sl. No. Name of Mini- Anganwadi Centre * * * * * * Odogaon 18 Dalaka (Gha) Dalaka Goudasahi, College Road 33 34 35 36 Jaringi Mathakhajuria Raberanuasahi Ragatinuasahi * * * * * * Sd/- Child Development Project Officer, Odagaon, District: Nayagarh” 8.3. It is sine qua non requirement for making application the candidate should not only obtain certificate from the concerned Tahasildar showing the area (sahi/pada/ lane) to which she belongs but also said certificate must specify clearly the connected grama/pada, where the candidate is a permanent resident. 8.4. It is finding of fact based on survey (physical verification) while the Additional District Magistrate sitting in appeal that the petitioner did not belong to service area of the concerned Anganwadi Centre. An affidavit dated WA No.1808 of 2023 Page 16 of 45 16.11.2023 sworn to on behalf of respondent Nos. 1, 4 and 5 forming part of writ appeal indicates as follows: “5. That the report of Tahasildar on the residence of the selected candidates describes the house of Ranjita Nayak at Nityanandasahi which is 150 metres away from the left side of the main road coming from Odagaon College to Odagaon Police Station. The house of Sandhyarani Mishra is situated near the Government M.E. School which is 35 metres away from the right side of the main road. The houses of both the candidates are situated approximately within the same distance from Odagaon College.” 8.5. Enclosed to said Affidavit dated 16.11.2023 is an enquiry report of the Tahasildar, Odagaon as Annexure- B/4, which reads thus: “Office of the Tahasildar, Odagaon No. 2277 / Dt. 31.10.2011 To The Sub-Collector, Nayagarh, Sub.: Enquiry into petition of Sandhyarani Mishra, College Road, Dalak, Odagaon regarding alleged irregularities for selection of Anganwadi candidate by Office of the C.D.P.O in respect of Dalak „GHA‟ Centre. As per marginal order of the petition, I have enquired into the matter by deputing the Head Clerk of my office to the spot. From the spot visit report of Head Clerk on 22.10.2011 it is ascertained that neither there is any WA No.1808 of 2023 Page 17 of 45 specific demarcated land mark for College Road nor any revenue village in the same name is existing under Odagaon Tahasil as per advertisement by the Office of the CDPO, Odagaon. as the area is coming under revenue village-Dalak. Further on comparative study it is revealed that the house of Ranjita Nayak Wife of Prabhat Kumar Barik is situated at Nityananda Sahi which is 150 metres away from left side of main road coming from Odagaon college to Odagaon P.S. and the house of petitioner Sandhyarani Mishra Wife of Saras Kumar Mishra is situated near Govt. M.E. School, which is 35 metres away from right side of the same main road. The houses of both the candidates are situated approximately within same distance from Odagaon College. Ranjita Nayak secured 386 marks in H.S.C. Exam & 332 marks in C.H.S.E. exam whereas Sandhyarani Mishra secured 462 marks in H.S.C. and 440 marks in C.H.S.E. Both the candidates belong to Revenue Village Dalak under Odagaon Tahasil. This is for favour of your kind information. Yours faithfully, Sd/- 31.10.2011 Tahasildar, Odagaon” 8.6. It appears, the Additional District Magistrate while disposing of Anganwadi Appeal Nos.14 of 2011 and 15 of 2011, vide Order dated 11.01.2017 has accepted the contents of the aforesaid report submitted on facts by the Tahasildar and came to conclusion that the residence of the appellant-Ranjita Nayak, being situated at Nityanandasahi, she cannot be treated to be resident of Dalak „Gha‟ service area. WA No.1808 of 2023 Page 18 of 45 8.7. It may be noteworthy to have reference to the Clarification vide Letter No.IV-ICDS-I-154/ 07- 7161/WCD, dated 01.03.2008 issued by the Government of Odisha in Women and Children Development Department, which is reproduced hereunder: “Government of Odisha Women and Children Development Department No.IV-ICDS-I-154/ 07-7161/WCD, dated 01.03.2008 From Sri N. Behera, Additional Secretary to Government To The CDPO Gania, Nayagarh Sub.: Clarification on selection / engagement of Anganwadi Worker Sir/Madam, With reference to the above noted subject, I am directed to state as hereunder: (i) According to paragraph-1 of the Revised Guidelines, the Anganwadi Worker should be resident of the Anganwadi Centre Area. If no suitable candidate is available in the Anganwadi Centre Area, then candidate of the village could be considered. WA No.1808 of 2023 Page 19 of 45 (ii) Residential certificate issued by the Tahasildar should be entertained. Sd/- Additional Secretary to Government.” 8.8. Further Clarification has been issued on 10.03.2010, which is to the following effect: “Government of Odisha Women and Children Development Department No.IV-ICDS-I-26/10/5411/WCD, dated 10.03.2010 From Sri D.N. Sahoo, Under Secretary to Government To The Collector, Boudh Sub.: Clarification on engagement of Anganwadi Worker Madam, With reference to the subject noted above, I am directed to clarify that if eligible candidate from Anganwadi Centre Area are not available, candidates from village area may be taken. If from village area not available then from adjacent village within Gram Panchayat Area may be considered for selection of Anganwadi Workers. Sd/- Under Secretary to Government.” WA No.1808 of 2023 Page 20 of 45 8.9. As is apparent from the above Guidelines and further Clarifications, much stress has been laid on the residence of the candidate within the Anganwadi Centre Area. It is not the case of the appellant that there was no suitable candidate available in the Anganwadi Centre Area (Dalak „Gha‟) which comprises “Dalaka— Goudasahi, College Road”. Upon enquiry, it was found that the appellant is the resident of “Nityanandasahi”, which does not come within the specified area of subject-Anganwadi Centre. 8.10. It may be apposite to refer to yet another Clarification issued on 16.06.2010, which is to the following effect: “Government of Odisha Women and Children Development Department No.IV-ICDS-3/10/10724/WCD, dated 16.06.2010 From Sri D.N. Sahoo, O.A.S. Under Secretary to Government To The DSWO, Mayurbhanj Sub.: Clarification sought for regarding engagement of Anganwadi Worker/Mini Anganwadi Workers who are residing on Government land. Sir/Madam, I am directed to invite reference to the subject noted above and to clarify that residential certificate WA No.1808 of 2023 Page 21 of 45 issued by the Tahasildar is the document basing on which such engagement can be give. If the residential certificate will be challenged concerned Tahasildar may be moved in the matter. Sd/- Under Secretary to Government.” 8.11. It has also been clarified as follows in case of complaint is received with respect to residential certificate: “Government of Odisha Women and Children Development Department No.IV-ICDS-I-32/09/11270/WCD, dated 25.06.2010 From Sri D.N. Sahoo, O.A.S. Under Secretary to Government To The DSWO, Cuttack Sub.: Clarification regarding objection— the residentiality of a candidate. Sir/Madam, I am directed to invite reference to the subject noted above and to clarify that the Selection Committee will verify the Residential Certificate issued by the concerned Tahasildar, if there is any complaint, the allegation may be referred to the concerned Tahasildar for verification. WA No.1808 of 2023 Page 22 of 45 Sd/- Under Secretary to Government.” 8.12. Under the aforesaid premises, as it appears the Additional District Magistrate-Appellate Authority having caused enquiry by the Tahasildar concerned in connection with challenge being made to residential status of the appellant and acted upon the report submitted by said Tahasildar, there cannot be any doubt in mind that the Appellate Authority has decided the appeal with due application of mind, which fact has been confirmed by the learned Single Judge in his Judgment dated 07.07.2023 rendered in the writ petition. 9. It may be worthwhile to refer to decision rendered by this Court in the case of Sasmita Sahoo Vrs. State of Odisha, 110 (2010) CLT 650 = 2010 SCC OnLine Ori 104, wherein it has been held as follows: “4. It is observed here that an Anganwadi Worker is not a Civil Post but rather is a volunteer. The Supreme Court in State of Karnataka Vrs. Ameerbi, (2007) 11 Supreme Court Cases 681 = AIRONLINE 2006 SC 648 = (2006) Supp.10 SCR 329 = 2006 INSC 969, has held that the post of Anganwadi Workers are not statutory posts. They have been created in terms of the scheme. It is one thing to say that there exists a relationship between employer and employee and between the State and the Anganwadi Workers. But WA No.1808 of 2023 Page 23 of 45 it is another thing to say that they are holders of civil posts. The Supreme Court took note of the fact that the presence of the Anganwadi Worker in their respective villages is extremely important. They are supported to make significant contribution to the society. They are required to carry out a large number of activities, primary and being welfare of the children. Further, it is noted that Anganwadi Workers do not carry any functions of the State. They do not hold post under any statute. Their posts are not created. The Supreme Court further held that the recruitment rules ordinarily applicable to the employees of the State are not applicable in their case. The State is not required to comply with the Constitutional scheme of equality as adumbrated under Articles 14 and 16 of the Constitution of India. No process of selection for the purpose of their appointment within the constitutional scheme existed. 5. In the aforesaid case, the Supreme Court further held that the rules framed under the proviso to Articles 309 of the Constitution of India are not attracted in the case of Anganwadi Worker. They are appointed under the scheme which is not a permanent nature although it might have continued for a long time. Appointments made under the Scheme and recruitment process being carried out through a committee would not render the incumbents thereof holders of civil posts. There is no rule or regulation governing the mode of recruitment recognizing a distinction between a post created by the Central Government or the State Governments in exercise of their power under Articles 77 or 162 of WA No.1808 of 2023 Page 24 of 45 the Constitution of India or under a Statute vis-à-vis cases of this nature which are sui generies. The Supreme Court further held that the protection available under Article 311 of the Constitution of India also is not attracted in case of the Anganwadi Workers and thus, the Supreme Court held that the Anganwadi Workers are not holders of civil posts. 6. In view of the aforesaid backdrop the guidelines issued by the Government of Orissa in the Women and Child Welfare Development Department has to be considered. It is seen that the revised guidelines for selection of Anganwadi Worker were issued on 02.05.2007. The revised guidelines provide that the applications for selection of volunteers to work as Anganwadi Workers will be invited for each village/ Anganwadi Centre area from women residing in the said village/Anganwadi Centre area. Among other stipulation it is seen that the Anganwadi Worker is a volunteer who gets an honorarium for the service rendered by her to the less privileged persons of her own community. She is not a Government servant with any fixed or graduated pay scale. The provisions of ORV Act, 1975 and Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 are not applicable to such selection. 7. The condition that the applicants should be from each village/Anganwadi Centre area has created the confusion but thereafter the State Government has brought out further clarification in the Government of Orissa, Women and Child Development Department letter dated 18.12.2007 wherein it has been clarified that in case in a village more than one Anganwadi Centre are WA No.1808 of 2023 Page 25 of 45 opened the candidate should specify Anganwadi Centre area in which she is a resident and should specify in an affidavit that she belongs to the Anganwadi Centre area of the said village. If that is found incorrect/ false she should be disengaged forthwith and suitable criminal action should be taken against her. Thus, from this clarification it is clear that the State Government intended that the applications should be invited from the residents of the service area of the particular Anganwadi Centre for which an advertisement has been issued for selection of Anganwadi Worker. In case no suitable candidate is available from the said area, then applications from the village in which the Anganwadi Centre area situates may be accepted even though the applicant is not a resident of the service area. 8. This policy of the Government has a rationale behind it. It is noted earlier that the Anganwadi Worker is not a civil servant rather is a volunteer. She is expected to render a very important function of providing pre-natal and post-natal early childhood care service of her community. Her continuing presence in the community is essential for that reason. If a person is not a resident in the community which is target area of the Anganwadi Centre, then it may not be always possible for the volunteer to attend to the needs of the expectant mothers and children. Secondly, it is noted that Anganwadi Worker is always paid a paltry sum as honorarium. It is not possible to her to take a house on rent in the service area of the Anganwadi Centre to reside there. Thus, on these two grounds, the WA No.1808 of 2023 Page 26 of 45 Court is of the opinion that the policy decision taken by the State Government is correct. As already pointed out, the selection of Anganwadi Worker cannot be challenged for violating Articles 14 and 16 of the Constitution of India. This Court comes to the finding that there is no justifying reason to hold that the conditions stipulated in the revised guidelines by the State Government to the effect that the applicants should be a resident of the service area of the Anganwadi Centre requires any interference.” 9.1. This Court in Beenapani Sahoo Vrs. State of Odisha, W.A. No. 498 2017, disposed of on 21.11.2022, has observed that: “5. The guidelines for appointment of Anganwadi Worker describe the requirement of the candidate having to be a permanent resident of the area which is served by Anganwadi Centre in question. The fact that the advertisement may not have mentioned, it will not permit the authorities to dispense with such requirement. This is known to all applicants who applied for the post of Anganwadi Worker. 6. Factually, it has been found by the learned Single Judge, on the basis of the report of the Collector, that the appellant is not a permanent resident of Nilakantha Nagar-III area. The appellant has not been able to show that the said report was erroneous. 7. Consequently, the Court is unable to find any error having been committed by the learned Single Judge WA No.1808 of 2023 Page 27 of 45 in declining to interfere with the impugned order of ADM.” 9.2. In the present case, the appellant has not been able to demonstrate that the report of Tahasildar, Odagaon (Annexure-B/4 enclosed to the counter affidavit of respondent Nos.1, 4 and 5) was incorrect. When clear evidence has been placed on record after conducting survey by the Tahasildar to the effect that the appellant belongs to Nityanandasahi, which does not belong to service area of “Dalak „Gha‟ Anganwadi Centre”, the learned Single Judge while disposing of the writ application has rightly not shown indulgence in such factual aspect as returned by the Appellate Authority- Additional District Magistrate, Nayagarh. 10. Having regard to the scope of interference with the finding of the quasi judicial authority or administrative authority in exercise of power under Article 226 of the Constitution of India, it has been laid down in Sanjay Kumar Jha Vrs. Prakash Chandra Chaudhary, (2018) 14 SCR 893 as follows: “13. It is well settled that in proceedings under Article 226 of the Constitution of India the High Court does not adjudicate, upon affidavits, disputed questions of fact. In arriving at the finding that the land offered by respondent Prakash Chandra Chaudhary was located within Giriyama Mauza of Falka Block the learned Single WA No.1808 of 2023 Page 28 of 45 Bench embarked upon adjudication of a hotly disputed factual issue, which the High Court, while exercising its writ jurisdiction, does not do. *** 16. It is well settled that in proceedings under Article 226 of the Constitution of India, the High Court cannot sit as a Court of Appeal over the findings recorded by a competent administrative authority, nor re-appreciate evidence for itself to correct the error of fact, that does not go to the root of jurisdiction. The High Court does not ordinarily interfere with the findings of fact based on evidence and substitute its own findings, which the High Court has done in this case. ***”” 10.1. It is well known principle that, if two views are possible, then obviously the error will not be an error apparent from the record. See, Maharashtra State Seeds Corporation Ltd. Vrs. Hariprasad Drupadrao Jadhao, (2006) 3 SCC 690. 10.2. In Central Council for Research in Ayurvedic Sciences Vrs. Bikartan Das, (2023) 11 SCR 731 = 2023 INSC 733 following passage has been quoted from Satyanarayan Laxminarayan Hegde and Others Vrs. Mallikarjun Bhavanappa Tirumale AIR 1960 SC 137 = (1960) SCR 890 in order to cull out true purport of certiorari jurisdiction vis-à-vis interference on the ground where two views are possible: WA No.1808 of 2023 Page 29 of 45 “An error which has to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of the record. As the above discussion of the rival contentions show the alleged error in the present case is far from self-evident and if it can be established, it has to be established by lengthy and complicated arguments. We do not think such an error can be cured by a writ of certiorari according to the rule governing the powers of the superior court to issue such a writ. *** This Court in Parry and Company Limited Vrs. Commercial Employees‟ Association, Madras and Another, (1952) 1 SCC 449 = AIR 1952 SC 179, held: „14. The records of the case do not disclose any error apparent on the face of the proceeding or any irregularity in the procedure adopted by the Labour Commissioner which goes contrary to the principles of natural justice. Thus there was absolutely no grounds here which would justify a superior court in issuing a writ of certiorari for removal of an order or proceeding of an inferior tribunal vested with powers to exercise judicial or quasi-judicial functions. What the High Court has done really is to exercise the powers of an appellate court and correct what it considered to be an error in the decision of the Labour Commissioner. This obviously it cannot do. The position might have been different if the Labour Commissioner had omitted to decide a matter which he was bound to decide and in such cases a mandamus might legitimately issue commanding the authority to WA No.1808 of 2023 Page 30 of 45 determine questions which it left undecided [Board of Education Vrs. Rice, 1911 AC 179 (HL)]; but no certiorari is available to quash a decision passed with jurisdiction by an inferior tribunal on the mere ground that such decision is erroneous. The judgment of the High Court, therefore, in our opinion, is plainly unsustainable.‟ 10.3. In Rattan Enterprises Vrs. State of Odisha, 2023 SCC OnLine Ori 2342 reference was made to very many decisions of Hon‟ble Supreme Court of India inter alia General Manager, Electrical, Rengali Hydro Electric Project, Odisha Vrs. Giridhari Sahu, (2019) 10 SCC 695 = (2019) 12 SCR 293 to have clear authority on the issue of writ of certiorari. It has been explained that an erroneous decision in respect of a matter which falls within the authority of the Tribunal would not entitle a writ applicant for a writ of certiorari. However, if the decision relates to anything collateral to the merit, an erroneous decision upon which, would affect its jurisdiction, a writ of certiorari would lie. A tribunal may be competent to enter upon an enquiry but in making the enquiry it may act in flagrant disregard of the rules of procedure or where no particular procedure is prescribed, it may violate the principles of natural justice. A writ of certiorari may be available in such cases. An error in the decision or determination itself may also be amenable to a writ of certiorari but it must be a manifest error apparent on the face of the WA No.1808 of 2023 Page 31 of 45 proceedings, e.g. when it is based on clear ignorance or disregard of the provisions of law. 10.4. Having noticed observation as found in State of Andhra Pradesh Vrs. S. Sree Rama Rao, AIR 1963 SC 1723, in Ram Lal Bhaskar Vrs. State Bank of India, (2011) 12 SCR 1036, it has been enunciated as follows: “8. Thus, in a proceeding under Article 226 of the Constitution, the High Court does not sit as an Appellate Authority over the findings of the disciplinary authority and so long as the findings of the disciplinary authority are supported by some evidence the High Court does not re-appreciate the evidence and come to a different and independent finding on the evidence. This position of law has been reiterated in several decisions by this Court which we need not refer to, and yet by the impugned judgment the High Court has re-appreciated the evidence and arrived at the conclusion that the findings recorded by the enquiry officer are not substantiated by any material on record and the allegations leveled against the respondent No.1 do not constitute any misconduct and that the respondent No.1 was not guilty of any misconduct.” 10.5. It is of relevance to take note of decision in Hari Vishnu Kamath Vrs. Syed Ahmad Ishaque, (1955) 2 SCC 881, wherein following propositions have been laid down: “24. *** On these authorities, the following propositions may be taken as established: WA No.1808 of 2023 Page 32 of 45 24.1. Certiorari will be issued for correcting errors of jurisdiction, as when an inferior court or tribunal acts without jurisdiction or in excess of it, or fails to exercise it. 24.2. Certiorari will also be issued when the court or tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an opportunity to the parties to be heard, or violates the principles of natural justice. 24.3. The court issuing a writ of certiorari acts in exercise of a supervisory and not appellate jurisdiction. One consequence of this is that the Court will not review findings of fact reached by the inferior court or tribunal, even if they be erroneous. This is on the principle that a court which has jurisdiction over a subject-matter has jurisdiction to decide wrong as well as right, and when the legislature does not choose to confer a right of appeal against that decision, it would be defeating its purpose and policy, if a superior court were to rehear the case on the evidence, and substitute its own findings in certiorari. These propositions are well settled and are not in dispute.” 10.6. In Nagendra Nath Bora Vrs. Commissioner of Hills Division, AIR 1958 SC 398, the Supreme Court of India held as follows: “39. *** The jurisdiction under Article 226 of the Constitution is limited to seeing that the judicial or quasi judicial tribunals or administrative bodies exercising quasi judicial powers, do not exercise their powers in excess of their statutory jurisdiction, WA No.1808 of 2023 Page 33 of 45 but correctly administer the law within the ambit of the statute creating them or entrusting those functions to them. The Act has created its own hierarchy of officers and Appellate authorities, as indicated above, to administer the law. So long as those Authorities function within the letter and spirit of the law, the High Court has no concern with the manner in which those powers have been exercised. In the instant cases, the High Court appears to have gone beyond the limits of its powers under Articles 226 and 227 of the Constitution. *** 41. A Constitution Bench of this Court examined the scope of Article 227 of the Constitution in the case of Waryam Singh Vrs. Amarnath, (1954) SCR 565. This Court, in the course of its judgment, made the following observations at p. 571: „This power of superintendence conferred by article 227 is, as pointed out by Harries, C.J., in Dalmia Jain Airways Ltd. Vrs. Sukumar Mukherjee, AIR (1951) Cal 193, to be exercised most sparingly and only in appropriate cases in order to keep the Subordinate Courts within the bounds of their authority and not for correcting mere errors.‟ It is, thus, clear that the powers of judicial interference under Article 227 of the Constitution with orders of judicial or quasi judicial nature, are not greater than the powers under Article 226 of the Constitution. Under Article 226, the power of interference may extend to quashing an impugned order on the ground of a mistake apparent on the face of the record. But under Article 227 of the WA No.1808 of 2023 Page 34 of 45 Constitution, the power of interference is limited to seeing that the tribunal functions within the limits of its authority. Hence, interference by the High Court, in these cases, either under Article 226 or 227 of the Constitution, was not justified.” 10.7. In G.M., Electrical Rengali Hydro Electric Project, Orissa Vrs. Sri Giridhari Sahu, (2019) 12 SCR 293 it has been succinctly held as follows: “29. On the conspectus of the decisions and material, we would hold as follows: The jurisdiction to issue writ of certiorari is supervisory and not appellate. The Court considering a writ application of Certiorari will not don the cap of an Appellate Court. It will not reappreciate evidence. The Writ of Certiorari is intended to correct jurisdictional excesses. A writ of prohibition would issue when a Tribunal or authority has not yet concluded its proceedings. Once a decision is rendered by a body amenable to Certiorari jurisdiction, certiorari could be issued when a jurisdictional error is clearly established. The jurisdictional error may be from failure to observe the limits of its jurisdiction. It may arise from the procedure adopted by the body after validly assuming jurisdiction. It may act in violation of principles of natural justice. The body whose decision which comes under attack may decide a collateral fact which is also a jurisdictional fact and assume jurisdiction. Such a finding of fact is not immune from being interfered with by a Writ of Certiorari. As far as the finding of fact which is one within the jurisdiction of the court, it is ordinarily a WA No.1808 of 2023 Page 35 of 45 matter „off bounds‟ for the writ court. This is for the reason that a body which has jurisdiction to decide the matter has the jurisdiction to decide it correctly or wrongly. It would become a mere error and that too an error of fact. However, gross it may amount to, it does not amount to an error of law. An error of law which becomes vulnerable to judicial scrutiny by way of Certiorari must also be one which is apparent on the face of the record. As held by this Court in Hari Vishnu Kamath Vrs. Syed Ahmed Ishaque, AIR 1955 SC 233 = (1955) SCR 1104, as to what constitutes an error apparent on the face of the record, is a matter to be decided by the court on the facts of each case. A finding of fact which is not supported by any evidence would be perverse and in fact would constitute an error of law enabling the writ court to interfere. It is also to be noticed that if the overwhelming weight of the evidence does not support the finding, it would render the decision amenable to certiorari jurisdiction. This would be the same as a finding which is wholly unwarranted by the evidence which is what this Court has laid down [See Perry and Co. Ltd. Vrs. P.C. Pal, Judge of the Second Industrial Tribunal, Calcutta and others AIR 1970 SC 1334 = (1969) SCR 976]. 10.8. Such being the factual matrix and the legal position enunciated by way of judicial intervention, the learned Single Judge, having taken into consideration entire gamut of the case on facts as settled by the Additional District Magistrate-Appellate Authority, there is no occasion for this Court to interfere in the Judgment WA No.1808 of 2023 Page 36 of 45 dated 07.07.2023 while disposing of W.P.(C) No.11408 of 2017 filed at the instance of the appellant-Ranjita Nayak. Factual dispute vis-à-vis entertainment of writ petition: 11. Reading of the Judgment dated 07.07.2023 of the learned Single Judge, which is under challenge in this writ appeal, it is apparent that there has been factual dispute with respect to residential status of the appellant within the service area. In compliance of Order dated 02.08.2016 passed in earlier litigation involving the parties herein, being W.P.(C) No.5963 of 2012, the Additional District Magistrate, Nayagarh caused enquiry and settled dispute on facts. The appellant has also not pointed out any procedural defect in the conduct of survey by the Tahasildar. The Appellate Authority having taken into consideration the fact as to whether place of permanent residence of the appellant fell within the service area where the subject-Anganwadi Centre is functioning vide Advisement dated 07.01.2011 (Annexure-5 series), such disputed question has rightly not been re-visited by the learned Single Judge. 11.1. A material fact, which is sought to be pressed by the learned counsel for the appellant, Sri Bhabani Sankar Tripathy, Advocate, with reference to Record-of-Right placed at Annexure-1 to the writ appeal (though not WA No.1808 of 2023 Page 37 of 45 formed part of writ petition), to contend that the appellant “is residing in the College Road over Khata No.550/2707, Plot No.736/3284, which is covered under Dalak (Gha) Anganwadi Centre”, such plea is taken at paragraph 4 of writ appeal. A cursory glance at said Record-of-Right would transpire that Khata No.550/2707 is of “Raiyati” status which stands recorded in the name of Sri Pravat Kumar Barik (husband of the appellant). At the rear side of said Record-of-Right it is shown that Plot No.736/3284 is “homestead” land. So, said document, as heavily relied upon by the learned counsel for the appellant to assert that she is permanent resident over said plot, does not reveal semblance that there is any “house” existing thereon. 11.2. It, therefore, seems that there are disputed questions of fact, which of course, has been taken care of by the Appellate Authority-Additional District Magistrate, Nayagarh, who had acted upon based on report submitted by the Tahasildar, Odagaon after conducting enquiry/survey. 11.3. It is apt to refer to Union of India Vrs. Puna Hinda, (2021) 9 SCR 117, where the following is the observation of the Hon‟ble Supreme Court of India: WA No.1808 of 2023 Page 38 of 45 “24. Therefore, the dispute could not be raised by way of a writ petition on the disputed questions of fact. Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the field of private law, having no statutory flavour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There is no admission on the part of the appellants to infer that the amount stands crystallized. Therefore, in the absence of any acceptance of Joint Survey Report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time. Maybe, the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum, i.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads.” 11.4. This Court in Anindita Mohanty Vrs. The Senior Regional Manager, H.P. Co. Ltd., Bhubaneswar, 2020 (II) ILR-CUT 398, while sitting in writ appeal against the Judgment of learned Single Judge observed as follows: “It is the settled law that the High Court in exercise of its power under Article 226 of the Constitution of India normally should not enter into the serious disputed questions of facts and render a finding on those facts. In the case of Popatrao Vyankatrao Patil Vrs. The State of WA No.1808 of 2023 Page 39 of 45 Maharashtra reported in 2020 SCC OnLine SC 291, it is held that even if there are disputed questions of fact which fall for consideration but if they do not require elaborate evidence to be adduced, the High Court is not precluded from entertaining a petition Under Article 226 of the Constitution. However, such a plenary power has to be exercised by the High Court in exceptional circumstances. The High Court would be justified in exercising such a power to the exclusion of other available remedies only when it finds that the action of the State or its instrumentality is arbitrary and unreasonable and, as such, violative of Article 14 of the Constitution of India.” 11.5. Under the aforesaid perspective, there is no other option left but to hold that the writ Court was justified in not showing indulgence in the matter. Scope of writ appeal: 12. This Court, in the aforesaid emerging factual matrix, need not go into the details of evidence to upset the settled position with respect to residential status of the appellant as that is not required while sitting in this jurisdiction under Letters Patent Appeal under Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948. 12.1. The Hon‟ble Supreme Court of India in the case of N. Ramachandra Reddy Vrs. State of Telengana, (2019) 11 WA No.1808 of 2023 Page 40 of 45 SCR 792 delineated the scope of intra-Court appeals by making following observation: “43. Further, in the case of Management of Narendra & Company Pvt. Ltd. Vrs. Workmen of Narendra & Company, (2016) 3 SCC 340, while considering the scope of the intra court appeal, this Court has held that, unless Appellate Bench concludes that findings of the learned Single Judge are perverse, it shall not disturb the same.” 12.2. In Management of Narendra & Company Pvt. Ltd. Vrs. Workmen of Narendra & Company, (2016) 3 SCC 340 it has been observed as follows: “Be that as it may, in an intra-court appeal, on a finding of fact, unless the appellate Bench reaches a conclusion that the finding of the Single Bench is perverse, it shall not disturb the same. Merely because another view or a better view is possible, there should be no interference with or disturbance of the order passed by the Single Judge, unless both sides agree for a fairer approach on relief.” 12.3. In Wander Ltd. Vrs. Antox India (P) Ltd., 1990 Supp. SCC 727 following is the observation: “14. The appeals before the Division Bench were against the exercise of discretion by the Single Judge. In such appeals, the appellate court will not interfere with the exercise of discretion of the court of first instance and substitute its own discretion except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perversely or WA No.1808 of 2023 Page 41 of 45 where the court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. An appeal against exercise of discretion is said to be an appeal on principle. Appellate court will not reassess the material and seek to reach a conclusion different from the one reached by the court below if the one reached by that court was reasonably possible on the material. The appellate court would normally not be justified in interfering with the exercise of discretion under appeal solely on the ground that if it had considered the matter at the trial stage it would have come to a contrary conclusion. If the discretion has been exercised by the trial court reasonably and in a judicial manner the fact that the appellate court would have taken a different view may not justify interference with the trial court‟s exercise of discretion. After referring to these principles Gajendragadkar, J. in Printers (Mysore) Private Ltd. Vrs. Pothan Joseph, (1960) 3 SCR 713 = AIR 1960 SC 1156: (SCR 721) „*** These principles are well established, but as has been observed by Viscount Simon in Charles Osenton & Co. Vrs. Jhanaton,1942 AC 130: „*** the law as to the reversal by a court of appeal of an order made by a judge below in the exercise of his discretion is well established, and any difficulty that arises is due only to the application of well settled principles in an individual case‟. ***‟ ” 12.4. In Anindita Mohanty Vrs. The Senior Regional Manager, H.P. Co. Ltd., Bhubaneswar, 2020 (II) ILR-CUT 398 this WA No.1808 of 2023 Page 42 of 45 Court had the occasion to examine the scope of intra- Court appeal and observed as follows: “*** Let us first examine the power of the Division Bench while entertaining a Letters Patent appeal against the judgment/order of the Single Judge. This writ appeal has been nomenclatured as an application under Article 4 of the Orissa High Court Order, 1948 read with clause 10 of the Letters Patent Act, 1992. Letters Patent of the Patna High Court has been made applicable to this Court by virtue of Orissa High Court Order, 1948. Letters Patent Appeal is an intra-Court appeal where under the Letters Patent Bench, sitting as a Court of Correction, corrects its own orders in exercise of the same jurisdiction as vested in the Single Bench. (Ref: (1996) 3 Supreme Court Cases 52, Baddula Lakshmaiah Vrs. Shri Anjaneya Swami Temple). The Division Bench in Letters Patent Appeal should not disturb the finding of fact arrived at by the learned Single Judge of the Court unless it is shown to be based on no evidence, perverse, palpably unreasonable or inconsistent with any particular position in law. This scope of interference is within a narrow compass. Appellate jurisdiction under Letters Patent is really a corrective jurisdiction and it is used rarely only to correct errors, if any made. In the case of B. Venkatamuni Vrs. C.J. Ayodhya Ram Singh reported in (2006) 13 Supreme Court Cases 449, it is held that in an intra-Court appeal, the Division Bench undoubtedly may be entitled to reappraise both questions of fact and law, but entertainment of a letters patent appeal is discretionary and normally the Division Bench would not, unless there exist cogent reasons, differ from a finding of fact arrived at by the Single Judge. Even a Court of first appeal which is the final Court of WA No.1808 of 2023 Page 43 of 45 appeal on fact may have to exercise some amount of restraint. Similar view was taken in the case of Umabai Vrs. Nilkanth Dhondiba Chavan reported in (2005) 6 Supreme Court Cases 243. In the case of Commissioner of Income Tax Vrs. Karnataka Planters Coffee Curing Work Private Limited reported in (2016) 9 Supreme Court Cases 538, it is held that the jurisdiction of the Division Bench in a writ appeal is primarily one of adjudication of questions of law. Findings of fact recorded concurrently by the authorities under the Act concerned (Income Tax Act) and also in the first round of the writ proceedings by the learned Single Judge are not to be lightly disturbed. Thus a writ appeal is an appeal on principle where the legality and validity of the judgment and/or order of the Single Judge is tested and it can be set aside only when there is a patent error on the face of the record or the judgment is against established or settled principle of law. If two views are possible and a view, which is reasonable and logical, has been adopted by a Single Judge, the other view, howsoever appealing may be to the Division Bench; it is the view adopted by the Single Judge, which would, normally be allowed to prevail. If the discretion has been exercised by the Single Judge in good faith and after giving due weight to relevant matters and without being swayed away by irrelevant matters and if two views are possible on the question, then also the Division Bench in writ appeal should not interfere, even though it would have exercised its discretion in a different manner, were the case come initially before it. The exercise of discretion by the Single Judge should manifestly be wrong which would then give scope of interference to the Division Bench.” WA No.1808 of 2023 Page 44 of 45 12.5. This Court is, therefore, of the considered opinion that the present writ appeal does not warrant interference in the decision of the learned Single Judge in the teeth of aforesaid enunciation of law. CONCLUSION: 13. The learned Single Judge has meticulously discussed the facts as returned after causing due enquiry and based on report submitted thereon, by the Additional District Magistrate, Nayagarh, sitting in appeals being Anganwadi Appeal Nos.14 of 2011 and 15 of 2011 questioning the engagement of appellant, Anganwadi Worker, and consequently, did not find “error so as to warrant interference” in the Order of the Appellate Authority. 13.1. With the limited scope of showing indulgence in the matter when the writ Court has not interfered with the finding of fact recorded by the authority concerned, rightly so, this Court is of the considered view that the said view of the learned Single Judge is perfectly legal and valid and does not call for interdiction by this Court in this intra-Court appeal. There is no palpable error present in the Judgment of the learned Single Judge nor is there any compelling circumstance to intervene with the same. Therefore, the writ appeal, being devoid of merit, is liable to be dismissed. WA No.1808 of 2023 Page 45 of 45 14. For the reasons ascribed supra and in the light of discussions made in the foregoing paragraphs and bearing in mind the limited scope for interference while sitting in intra-Court appeal filed under Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, this Court finds no reason to differ from the conclusions of the learned Single Judge vide Judgment dated 07.07.2023 rendered in W.P.(C) No.11408 of 2017. 15. In the result, this writ appeal stands dismissed, but in the circumstances, there shall be no order as to costs. (MURAHARI SRI RAMAN) JUDGE MR. CHAKRADHARI SHARAN SINGH, CJ. I agree. (MR. CHAKRADHARI SHARAN SINGH) CHIEF JUSTICE High Court of Orissa, Cuttack The 27th March, 2024//Aswini/MRS/Suchitra Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Mar-2024 18:41:59 Signature Not Verified "