The main legal point established in the judgment is the recognition of Upasastri as equivalent to 10+2, as per the 29.07.2009 notification, and the prohibition of discrimination in engagement based on qualifications.

JUDGMENT :

Dr. B.R. Sarangi, J.

1. The petitioner, by means of this writ petition, seeks to quash order dated 31.03.2011 passed by opposite party No. 1-Collector & District Magistrate, Jajpur in Annexure-5 allowing the representation of opposite party No. 4 and directing to give him engagement as Gram Rozagar Sevak (GRS) of Kiajhar Gram Panchayat under Danagadi Block in the district of Jajpur, (pursuant to order dated 23.02.2011 passed by this Court in W.P.(C) No. 18372 of 2009.

2. The factual matrix of the case, in hand, is that opposite party No. 2 issued an advertisement on 21.07.2007 inviting applications for engagement of Multipurpose Assistant (Gram Rozgar Sevak) in respect of Kijhar G.P. under Danagadi Block in the district of Jajpur on contractual basis with a consolidated remuneration of Rs. 2000/- per month. As per guidelines issued by the Government, the qualification for the said post was prescribed as 10+2 pass and preference would be given to the candidates from commerce stream having computer proficiency of "O" Level with use of Odia language in computer In pursuance of the said advertisement, the petitioner, opposite party No. 4 and one Harihar Patra applied for the said post. The petitioner and Harihar Patra passed Upasastri from Shri Jagannath Sanskrit Vishvavidyalaya having secured 57.9% and 60.8% marks respectively, whereas opposite party No. 4 passed Higher Secondary Examination Certificate from Council of Higher Secondary Education, Orissa securing 42.8% marks. Harihar Patra having secured highest mark, engagement letter was issued in his favour vide letter No. 2969 dated 24.11.2009, but unfortunately he died on 14.01.2010 Consequentially, the petitioner, being stood second in the merit list, should have been given engagement to the, post of GRS having secured 57.9% marks with qualification of Upasastri.

2.1. Opposite party No. 4, challenging the appointment of Harihar Patra, approached this Court by filing W.P.(C) No. 18372 of 2009, which was disposed of vide order dated 23.02.2011 with a direction that if he made a representation to the Collector, Jajpur ventilating his grievance within 10 days from that date, the latter shall dispose of the same after giving a chance of hearing to opposite party No. 4 and the petitioner within a period of one month from the date of receipt of the representation. In pursuance thereof, the Collector, Jajpur taking into consideration the judgment passed by this Court in Madhusudan Sahoo v. State of Orissa, 2010 (1) OLR 22 held that Harihar Patra and the petitioner, who completed Upasastri and were placed in SI. No. 1 and 2 respectively of the merit list, were not eligible for consideration for the post of GRS, and accordingly directed to give engagement to opposite party No. 4 as GRS. Hence this application.

3. Mr. L. Mishra, learned counsel for the petitioner contended that both Harihar Patra and the petitioner have acquired qualification of Upasastri and secured higher percentage of marks than opposite party No. 4. Harihar Patra having secured highest percentage of marks, engagement order was issued in his favour, but he died prematurely. The petitioner, having stood second in the merit list, is entitled to be engaged as GRS. While considering representation of opposite party No. 4, pursuant to order dated 23.02.2011 passed by this Court in W.P.(C) No. 18372 of 2009, relying upon the judgment of this Court in Madhusudan Sahoo v. State of Orissa, 2010 (1) OLR 22, the Collector, Jajpur, vide order dated 31.03.2011 in Annexure-5, came to a conclusion that Upasastri is not equivalent to 10+2 (Higher Secondary), since Council of Higher Secondary Education, Orissa has not approved the notification placing reliance on Jagadish Kumar Tripathy v. State of Orissa, 109 (2009) CLT 713 : 2019 (Supp. 1) OLR 858, and accordingly denied to engage Harihar Patra and the petitioner in the post of GRS. But, while passing such order, the Collector, Jajpur has lost sight of the fact that Council