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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 :
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.
3. It needs to mention here that, as per the advertisement under Annexure-1, the condition prescribed as per clause-2 of the selection procedure that, the candidate of Sundargarh district will be given preference, and in case of non-availability of required numbers of candidates of Sundargarh district, the cases of candidates belonging to other districts will be considered.
5. Mr. S.K. Das, learned counsel for the Petitioner submits that, the Petitioner is an ordinary resident of Sundargarh district though her native belongs to Balasore district as per the Residential Certificate submitted by her in the application form. The Opposite Parties never disputed the Residential Certificate of the Petitioner r
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....
Candidates with higher merit cannot be discriminated against on procedural grounds, emphasizing that merit should dictate appointments as per Articles 14 and 16 of the Constitution.
Post of contractual peon - Qualification - Selection Process - Preference will be given to those candidates who have already worked or working temporarily as contractual/fixed pay/wages basis in subo....
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