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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 :
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.
3. Pursuant to the selection process undertaken, the provisional select list was published on 2nd 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 15th October 2022 on the basis of guideline issued by the Government of Odisha in SC & ST Development Department in order dated 13th 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 tha
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.
Candidates indicating preference for one service and failing to meet cut-off marks cannot claim selection in others, as upheld by the Supreme Court.
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
The Court established that in recruitment processes, merit must prevail over applicant preferences, ensuring compliance with the principles of equality and fairness as mandated by the Constitution.
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