JUDGMENT :

S.N. Prasad, J.

1. This writ petition is under Articles 226 and 227 of the Constitution of India challenging the order 12.1.2017 passed by the Odisha Administrative Tribunal,Cuttack Bench, Cuttack in C.P.No.349(C) of 2016 arising out of O.A.No.1465(C) of 2016 whereby and where under the contempt petition preferred by the petitioner for non-compliance of the order passed by the Tribunal in O.A.No.1465(C) of 2016 has been dropped with liberty to the petitioner to challenge the same, if so advised, in separate O.A.

2. Brief facts of the case of the petitioner is that the petitioner after having passed B.A. with Sanskrit, Sikshya Sashtri (B.Ed.) and M.A. in Sanskrit has made application pursuant to the advertisement dated 28.10.2014 for the post of Classical Teacher(Sanskrit) for Puri district along with all particulars to be considered under the S.E.B.C. category. Petitioner’s candidature has been considered under S.E.B.C. category for Classical Teacher(Sanskrit) in which she was selected having obtained total marks of 247.60, documents were verified on 16.3.2015, she was called upon to execute the agreement which was done on 11.6.2015 and thereafter engagement order was issued on 11.6.2015 for Classical(Sanskrit) Contract Teacher in Balukenswar Bidyapitha, Khajuria, Puri. In pursuance thereof, the petitioner joined the said post on 12.6.2015.

Petitioner while continuing, all of a sudden disengaged from service on 21.11.2015 against which she preferred O.A.No.1465(C) of 2016 which was disposed of vide order dated 29.4.2016 directing the authorities to consider the representation of the applicant within period of two months. Case of the petitioner is that the order passed by the Tribunal in O.A.No.1465(C) of 2016 has not been complied with, she has preferred contempt petition before the Tribunal being C.P.No.349(C) of 2016 for compliance of the order passed by the Tribunal, notices have been issued and while contempt petition was pending, the authorities filed show cause and necessary order dated 24.12.2016 as contained in Office Order No.43725 has been passed rejecting the claim of the petitioner. The Tribunal, after considering show cause, has dropped the contempt proceeding with liberty to the petitioner to file separate original application.

3. The petitioner being aggrieved with the order is before this Court under Articles 226 and 227 of the Constitution of India on the ground that the authorities while rejecting the claim of the petitioner has not taken into consideration the fact that the petitioner has been selected being eligible in all respects as per the terms and conditions of the advertisement and on wrong notion her candidature has been found to be not perfect since she was considered to be applicant in untrained category while the case of the petitioner all along is that she has training qualification and she had submitted her application form along with details of Sikhya Sahstri which is equivalent to B.Ed. and the authorities after verifying the said certificates, taken note of the same and due marks has been allotted on that count, hence order passed by the authorities rejecting her claim vide order dated 24.12.2016 cannot be said to be proper compliance of the order passed by the Tribunal. The Tribunal has not considered this aspect of the matter and dropped the contempt proceeding.

4. While, on the other hand, case of the State through its School and Mass Education Department, is that the advertisement stipulates that application is to be submitted online and the advertisement contains condition that the candidate must furnish details of educational qualification but the petitioner has not furnished her qualification regarding having trained category and as such she cannot be said to be an applicant with perfect educational qualification as per the terms and conditions of the advertisement, hence the authorities, at the first instance, had appointed her but after knowing this fact, has disengaged her from