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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Kabita Giri – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. merit must be prioritized in appointments (Para 1 , 7 , 9) |
| 2. preference based on district of residency (Para 2 , 3 , 4) |
| 3. arguments regarding merit vs preference (Para 5 , 6) |
| 4. legal principle of merit over preference in appointments (Para 8 , 10) |
| 5. writ petition disposed in favor of petitioner (Para 11) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. S.K. Das, learned counsel for the Petitioner as well as Mr. S.P. Panda, learned Additional Government Advocate for the State-Opposite Parties.
2. The Petitioner was an applicant for the post of Pharmacist as per the advertisement dated 20.7.2015 (Annexure-1) issued by the office of the Chief District Medical Officer, Sundargarh. The Petitioner took part in the selection process and secured 1566 marks as per the selection list prepared under Annexure-5. Opposite Parties 4, 5 & 6, the private Opposite Parties, who also participated in the selection process, secured 1545, 1361 and 1526 marks respectively in the same selection process under Annexure-5. The Petitioner as well as Opposite Parties 4, 5 & 6 all belong to UR(W) category. The private Opposite Parties though secured less marks in the selection process, but given appointm
Preference in public service selection cannot override established merit, as legal precedent dictates that meritorious candidates must be prioritized irrespective of residency criteria.
Preference based on district domicile in teacher selection cannot override merit; inclusion in the merit list does not confer an indefeasible right to appointment.
The directory nature of preference in recruitment allows candidates to be considered for unselected positions without abandoning their claims.
Candidates indicating preference for one service and failing to meet cut-off marks cannot claim selection in others, as upheld by the Supreme Court.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
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