Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 757

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY, J.
Deba Bisi – Appellant
Versus
State of Odisha and Others – Respondents
W.P. (C) No. 28320 of 2022
Decided On : 16-09-2025

Advocates Appeared:
For the Appellant : R.K. Sarangi
For the Respondents: G. Tripathy, K. Swain

Preference based on district domicile in teacher selection cannot override merit; inclusion in the merit list does not confer an indefeasible right to appointment.

Headnote:(A) Orissa District Selection Procedure - Advertisement No. 28320 of 2022 - The selection process for B.A. B.Ed. Trained Graduate Teacher posts was challenged by an applicant who argued for preference based on district domicile despite securing lower marks than others - The court held that preferential selection must align with merit and that advertisements do not confer absolute rights for appointment. (Paras 3, 4, 10, 13, and 14)

(B) Preference Clause - Court stressed the interpretation that preferential treatment does not override merit; preference can only apply in case of ties when scores are identical. (Para 10)

Facts of the case:
The petitioner applied for a teaching position advertised for Nabarangpur district but was not selected as per the revised merit list due to securing lower marks than the final selected candidates.

Findings of Court:
The court found that the preference given to candidates from the same district must align with their merit, rejecting the petitioner's claim for inclusion based solely on residence.

Issues: Whether residence preference can override merit and the implications of the revised selection criteria.

Ratio Decidendi: The court determined that preferential treatment based on locality does not equate to merit and cannot compromise the merit-based selection process.

Result: Writ petition dismissed.

Table of Content
1. petitioner applied for teaching position based on advertisement. (Para 2 , 3 , 4 , 8)
2. petitioner's preference claims based on district residency challenged. (Para 5 , 11 , 14)
3. court clarifies merit over district preference. (Para 6 , 9 , 10 , 12)
4. revised merit list is valid and necessary. (Para 7 , 13)
5. writ petition dismissed. (Para 15)

JUDGMENT :

B.P. ROUTRAY, J.

1. Heard Mr.Sarangi, learned counsel for the Petitioner and Mr.Swain, learned counsel for Opposite Party No.5 as well as Mr.Tripathy, learned Additional Government Advocate for the State.

2. The Petitioner is an applicant for the post of B.A. B.Ed. Trained Graduate Teacher pursuant to the advertisement dated 26^th December 2021 (Annexure-2) published by the Office of Collector and District Magistrate, Nabarangpur. In the said advertisement under Annexure-2, several teaching posts were advertised and the Petitioner applied in respect of the post of B.A. B.Ed Teacher. Total number of vacancies were 11 for the said posts where 4 posts are under U.R. Category, 1 post for U.R. (W), 1 post for S.C. and 1 post for S.C. (W), 3 posts for S.T. and 1 post for S.T.(W).

3. Pursuant to the selection process undertaken, the provisional select list was published on 2^nd September 2022 under Annexure-4 showing the name of the Petitioner (Deba Bisi), securing 50.00 marks under U.R. Category. Thereafter the revised merit list of qualified candidates was published on 15^th October 2022 on the basis of guideline issued by the Government of Odisha in SC & ST Development Department in order dated 13^th September 2022 under Annexure-5. As per the said guideline issued under Annexure-5, the Government clarified the selection procedure as has been provided in the Draft Model Advertisement suggesting the fact that selection of suitable candidates should be based on the basis of results of written examination and marks secured in the said written examination. In cases of two or more candidates securing the same marks, the candidates belonging to the district should be given preference over other candidates and thereafter if the tie still continues, then the preference should be given as indicated in para 6(i)(ii) and (iii) of the Draft Model Advertisement.

4. According to the revised merit list dated 15^th October 2022, the Petitioner’s name was not found as selectee in respect of B.A. B.Ed. Trained Graduate Teacher post and the last selected candidate in the U.R. Category secured 53.50 marks.

5. The Petitioner challenges the same in present writ petition and it is submitted by Mr.Sarangi, learned counsel for the Petitioner that when the advertisement under Annexure-2 speaks for preference to the candidates of Nabarangpur district, removal of his name from revised merit list giving appointment to a candidate outside Nabarangpur district is against the principles of preference narrated in the advertisement and therefore his name should be included in the merit list. He further submits that though total number of 11 posts in B.A. B.Ed. Category was advertised for, but as per the revised merit list only 7 posts out of the same were filled up, leaving four other posts vacant and against such posts the Petitioner can be appointed without disturbing the selection of the present Opposite Party No.5.

6. It needs to be stated here that the present Opposite Party No.5 is the candidate belonging to Subarnpur district who secured 54 marks and selected against U.R.-3 post in B.A. B.Ed. Category.

7. Opposite Party No.5 as well as the State-Opposite Parties have filed their respective counter affidavits denying the claim of the Petitioner to be appointed in the post on the preference claimed by him for belonging to the district of Nabarangpur. It is submitted by the Opposite Parties that the preference as stated in the advertisement under Annexure-2 cannot be compromised with merits of the candidates.

8. As per the admitted facts, the Petitioner was an applicant in respect of the advertisement und