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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Deba Bisi – Appellant
Versus
State of Odisha – Respondent
| 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 26th 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 underta
Preference based on district domicile in teacher selection cannot override merit; inclusion in the merit list does not confer an indefeasible right to appointment.
Preference in public service selection cannot override established merit, as legal precedent dictates that meritorious candidates must be prioritized irrespective of residency criteria.
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
Meritorious reserved category candidates shifted to general category retain entitlement to preferred district allotment as per reserved merit position to prevent disadvantage from higher performance.
Candidates indicating preference for one service and failing to meet cut-off marks cannot claim selection in others, as upheld by the Supreme Court.
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