JUDGMENT :

DR. B.R. SARANGI, J.

The petitioner, having become unsuccessful in the selection made for the post of Lecturer in Physics in Non-Government Aided Colleges of Odisha, has knocked the doors of this Court for the following reliefs:

“The petitioner therefore, prays Your Lordships would graciously be pleased to admit this petition, call for the Model Answer Key along with merit list of General Category up to 60 nos. of candidates and in SEBC up to 20 candidates.

AND be pleased to issue Rule Nisi calling upon the Opp.Parties as to why two sets of Advertisements against one No. is issued with preferential provision in the 2nd Advertisement.

AND be pleased to direct the Ops (Board)to cause revaluation of her written answer script and on her being successful, she may be appointed as Lecturers in Physics from the date her batch mates have been appointed;

AND pass any other and/or further order/orders as deemed fit and proper under the circumstances of the case.

And for this act of kindness the petitioner as in duty bound shall for every pray.”

2. The case of the petitioner, in a nutshell, is that she is a Post Graduate in Physics and also acquires M. Phil. degree. Pursuant to an advertisement in anenxure-1 issued by the State Selection Board, Department of Higher Education in its website for the posts of Lecturers in Non-Government Aided Colleges of Odisha, petitioner submitted her application in annexure-2 in online, in the proforma made available in the website, for the post of Lecturer in Physics. As the application of the petitioner fulfilled the conditions stipulated in the advertisement and she was found eligible, an admit card in annexure-3 was issued to her and she appeared at the written examination on 15.04.2016 at 9.00 AM to 11.00 AM at BJB Autonomous College, Administrative Block, Bhubaneswar. On declaration of result of the written examination, as she was found qualified, an intimation letter was issued in annexure-4 calling upon her to appear at State Selection Board, Unit-II, Ashok Nagar, (Behind Unit-II Girl’s High School), Bhubaneswar for verification of documents and viva-voce test. For verification of documents, the date was fixed as 02.05.2016 at 10.00 AM, and for viva-voce test the date was fixed as 05.05.2016 at 10.00 AM. It was specifically mentioned in the intimation letter that for verification the petitioner was required to produce all original certificates, mark sheets, intimation letter and other relevant documents in support of her eligibility for the post, as specified in the advertisement, failing which she will be deprived of attending the interview. In compliance of the same, the petitioner furnished all the documents before the verifying authority on 02.05.2016 except the certificate of conduct of the College/University in which she last studied. But, however, she furnished an undertaking to produce the same on 05.05.2016 before the viva voce test was conducted by the authority. When the list containing the names of selected candidates for the post of Lecturer in Physics, pursuant to the advertisement in annexure 1, was published by the State Selection Board in annexure-5, the petitioner, having not found her name, approached this Court by filing this application.

3. Mr. S.Mohanty, learned counsel for the petitioner states that although on the date of verification of the original documents, i.e. on 02.05.2016 the petitioner could not produce her conduct certificate from the University in which she last studied, yet she obtained the same on 03.05.2016 and produced on 05.05.2016 on the date of viva voce test, as per her undertaking, which was accepted by the authority. But without considering the same, result was published disqualifying her. Such action of the authorities is not only illegal and arbitrary but also unreasonable.

4. Mr. L. Samantray, learned Addl. Government Advocate appearing for opposite parties no. 1 and 2, by referring to the counter affidavit, states that Clause-10 of the advertisemen