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2019 Supreme(Ori) 496

B.R.SARANGI
Minati Sahoo – Appellant
Versus
State Of Orissa – Respondent


Advocates Appeared:
Mr. Sangram Jena, Advocate for the Appellant; Mr. B. Senapati, Addl. Govt. Advocate. M/s. B.P. Tripathy, R. Achary, T. Barik, A. Pati, N. Barik, S.R. Ojha & S. Hidayatullah, Advocates, for the Respondent
Cases Referred
Bhikhubhai Vithlabhai Patel vs. State of Gujarat 2008 4 SCC 144
Commissioner of Police, Bombay vs. Gordhandas Bhanji, AIR 1952 SC 16
M/s. Shree Ganesh Construction vs. State of Orissa 2016 11 OLR 237
Mohinder Singh Gill vs. The Chief Election Commissioner, New Delhi AIR 1978 SC 851

JUDGMENT

B.R. Sarangi, J. - The petitioner has filed this writ petition to quash order dated 03.04.2016 passed by opposite party no.3-Chief District Medical Officer, Malkangiri-cum-District Mission Director in Annexure-6 rejecting her representation for engagement as Staff Nurse/ANM in the district of Malkangiri pursuant to advertisement issued in Annexure-1.

2. The factual matrix of the case, in brief, is that opposite party no.3 issued an advertisement in Annexure-1 dated 31.12.2013 inviting applications from eligible candidates for filling up of posts of AYUSH Doctors (Ayurvedic/ Homoeopathic), Pharmacist and Staff Nurse/ANM in the Mobile Medical Teams (MMTs)/Mobile Health Teams (MHTs) under Rashtriya Bal Swasthya Karyakram (RBSK), NHM, Odisha on contractual basis for a term of 11 months as per remuneration fixed for each of the posts. Pursuant to said advertisement, the petitioner having requisite qualification and eligibility criteria applied for the post of Staff Nurse in respect of Malkangiri district. As per vacancy position, the total number of posts of Staff Nurse/ANM in Malkangiri district was 10. Total 33 number of candidates, including the petitioner, applied for the po

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