JUDGMENT

B.N.Mahapatra,J.

This writ petition has been filed with a prayer to quash the order of the Chief District Medical Officer, Bargarh dated 18.7.2011 under Annexure-4 by which Opposite party No.5-Mamata Ratha was selected for opening of 24 hours Day and Night Medicine Shop inside the campus of C.H.C., Bheden in the district of Bargarh on the ground that such selection is illegal being contrary to the guidelines issued by the Government in H&F Welfare Department. Further prayer of the petitioner is for issuance of necessary direction to opposite parties to declare the petitioner as selected candidate for opening of 24 hours Day and Night Medicine Shop in the campus of the said C.H.C.

2. Petitioner’s case in a nutshell is that an advertisement was published by the Chief District Medical Officer (in short “C.D.M.O.”), Bargarh on 17.03.2011 in the daily news paper, namely “The Samaja” inviting application for opening of 24 hours Day and Night Medicine Store inside the Hospital Campus of C.H.C., Bheden in the district of Bargarh. In the advertisement it had been clearly mentioned that the selection will be made as per the guidelines issued by the Government in Health & Family Welfare Department and the shop in question is reserved for women candidate only. Pursuant to the said advertisement, the petitioner having all requisite qualifications and satisfying all the criteria contained in the advertisement submitted her application. She has passed Diploma in Pharmacy in the year 2009 and is a registered Pharmacist. She is an unemployed having no source of income. Opposite party No.5 had also submitted her application along with the petitioner. In the said selection, opposite party No.5 was selected vide order dated 18.7.2011 and opposite party No.3-C.D.M.O., Bargarh issued a direction to opposite party No.5 to execute the agreement with him. Hence, the writ petition.

3. Mr. Asim Amitav Das, learned counsel appearing for the petitioner submitted that the petitioner having all the requisite qualifications had satisfied the criteria contained in the advertisement. Referring to the guidelines issued by the Government of Orissa in Health & Family Welfare Department vide letter dated 28.1.2004, it is submitted that the applicant should be an unemployed registered Pharmacist and if no registered pharmacist applies, then those applicants who are willing to engage registered pharmacist may be considered. Since the petitioner is an unemployed registered Pharmacist and there was no other applicant, who is unemployed registered Pharmacist, the petitioner should have been selected. Therefore, among all the applicants, the petitioner is the only eligible candidate who is an unemployed registered Pharmacist having Diploma in Pharmacy, but opposite party No.5 does not possess such qualification nor she is a registered Pharmacist. As per the guidelines, the petitioner stands in a better footing than opposite party No.5 as would be evident from the testimonials and other relevant documents furnished. The petitioner is not only more qualified than opposite party No.5, but also she is unemployed registered Pharmacist. Concluding his argument, Mr. Das submitted to allow this writ petition by granting the reliefs as prayed.

4. Mr. Muduli, learned Addl. Standing Counsel appearing for Opp. Parties 1 to 4-State authorities reiterating the stand taken in the counter affidavit submitted that the petitioner has not approached this Hon’ble Court with clean hands. The petition is an abuse of judicial process for which it is liable to be dismissed with cost. Selection process has been made legally and no injustice has been caused to the petitioner. The application of the petitioner was rejected due to non-submission of required document i.e. Solvency Certificate of her own and Income Certificate from the concerned Tahasildar, which are very much relevant and mandatory for the purpose of opening of 24 hours Day and Night Medicine Shop by a Pharmacist claiming