[Civil Appeal No. 1322 of 2015 arising out of S.L.P. (C) No.10183 of 2012]. The appellant as well as respondent no.1 applied in response to an advertisement dated 02.02.2009 for engagement as Anganwadi Worker for Urumukhi-3 Anganwadi Center, Bhushandpur, Tangi, Odisha. She is aggrieved by the judgment under appeal dated 18.07.2011 whereby the Division Bench of Orissa High Court set aside the order of a learned Single Judge of the High Court dated 09.08.2010. The effect of the impugned order/judgment is to allow the writ petition preferred by respondent no.1 and as a result selection and appointment of the appellant stands set aside and instead respondent no.1 has been appointed as Anganwadi Worker for the concerned centre. The moot question to be answered in this appeal is whether the Division Bench should have allowed the writ appeal only on technicalities and on the basis of certain orders passed earlier when on facts there was no ambiguity that respondent no.1 was not a resident of the concerned centre and hence lacked the basic eligibility for engagement as Anganwadi Worker for the centre. Learned counsel for the appellant has taken us through the relevant orders and enquiry reports which show that even before the appellant was engaged, as soon as respondent no.1 came to know that in the selection process appellant had secured highest marks and was likely to be engaged, she approached appellate/higher authority - respondent no.3, the Sub-Collector, Khurda.
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