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K. VINOD CHANDRAN, SUDHANSHU DHULIA
State Of Odisha – Appellant
Versus
Sushmi Supriya Mohapatra – Respondent
| Table of Content |
|---|
| 1. conditions for teacher selection advertised. (Para 2 , 3 , 4 , 5 , 6) |
| 2. need for adherence to selection criteria. (Para 7) |
| 3. challenges regarding selected candidates' qualifications. (Para 8 , 9) |
| 4. limitations on revising selection list post-appointment. (Para 10) |
| 5. civil appeal disposed as infructuous. (Para 11) |
ORDER :
Leave granted.
2. The State of Odisha had advertised 1828 vacancies for Secondary School teachers in Government Schools in Odisha on 23.02.2019. Out of the 1828 vacancies, regular vacancies for Unreserved/SC/ST/SEBC were 253/81/113/57 respectively and unfilled vacancies of previous recruitment for Unreserved/SC/ST/SEBC were 662/215/298/149, respectively.
3. One of the main conditions of the advertisement under Clause 13(l) was that "A candidate of any social reservation category shall be treated as UR candidate if he/she is selected on merit and has not availed any relaxation admissible to his/her social category."
4. The respondent before this Court filed a writ petition before the High Court stating that she belongs to Unreserved Category and candidates belonging to Reserved Category have been appointed to posts for Unreserved candidates, which shou
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
An OBC candidate scoring below 60% cannot migrate to Unreserved category for recruitment, emphasizing adherence to specific eligibility requirements as per recruitment rules.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
Reserved category candidates can be appointed to Unreserved vacancies based on merit without violating recruitment rules or constitutional provisions.
The principle of merit must prevail in filling unreserved vacancies for Persons with Disabilities, allowing the appointment of meritorious candidates from any reserved category when more qualified th....
The court ruled that no reservation is necessary for super specialty posts, affirming that adherence to merit must prevail in such appointments.
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