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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Phiroj Kumar Mahapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. legality of recruitment procedure. (Para 1 , 2) |
| 2. arguments against petitioners' claims. (Para 3) |
| 3. analysis of legal precedents and duties. (Para 4) |
JUDGMENT :
1. These two petitions are by the teaching job aspirants. They seek to call in question the legality of recruitment process to Hindi Teacher Posts mainly on the ground that the prescribed procedure as held out in the Recruitment Notification has not been followed and as a consequence they amongst others are put to legal prejudice. After service of notice, the State is represented by ASC and the Staff Selection Commission is represented by its Standing Counsel who has filed the Counter Affidavit & Additional Counter Affidavit as well resisting the petitions.
2.1. The Staff Selection Commission (hereafter “Commission”), vide Advertisement No.IIIE-63/2004-4321/OSSE dated 22.10.2024, had called for online applications from eligible & qualified candidates inter alia for recruitment to 711 posts of Hindi Teacher. Petitioners were in the fray, their applications having been found in order and they having been issued admit cards. They wrote the Written Main Examination held on 15.05.2025. The said examination was fo
Recruitment processes must adhere strictly to advertised terms; deviations compromise fairness and legality.
Proficiency in Hindi or English cannot be adjudged through multiple choice questions, and no legal right accrued to demand a bilingual question paper.
Appointment of clerical cadre and Stenographer – Eligibility criteria - Since there is no cut off marks, an incumbent therefore, cannot be adjudged as ineligible as merit list is drawn on basis of ag....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
The examination for the Art Teacher post must be conducted in both English and Telugu as per the notification, ensuring fairness and adherence to procedural guidelines.
Post of Stenographer Grade – Selection Process - Where appointments made were found to be illegal later in an enquiry. While examining the rights of persons selected in such invalid process.
The main legal point established is that candidates cannot challenge the lack of reservation benefits after participating in the selection process, and the reservation policy may not apply to the pre....
The court affirmed the authority of recruitment committees to establish cut-off marks post-examination, provided it serves the objective of selecting qualified candidates.
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
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