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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA SHRIPAD DIXIT, CHITTARANJAN DASH
State of Odisha, represented through it’s Commissioner-Cum-Secretary to Government – Appellant
Versus
Surekha Samal – Respondent
JUDGMENT :
KRISHNA S. DIXIT, J.
In all these Intra Court Appeals, challenge is essentially to a learned Single Judge’s order dated 28.03.2024 whereby contesting Respondents’ W.P.(C) No.18706 of 2015 having been favoured, relief is accorded to them as under:
“22.In the result, the writ petition is allowed. The impugned order under Annexure-12 is hereby quashed. The opposite party Nos.2 and 3 are directed to recast the merit list by excluding the Vocational/Upasastri candidates (opposite party Nos.4, 5 and 6) and by issuing appropriate order of engagement in favour of the petitioners either as Sikshya Sahayaks or in any equivalent post without any further delay and in any case, not later than four months.”
2. FOUNDATIONAL FACTS:
2.1. The Collector of Bhadrak District, vide advertisement dated 08.12.2011, had invited applications for the posts of Sikshya Sahayaks. The advertisement prescribed educational qualification of +2 Examinations in Science/Arts/Commerce or its equivalent as declared by Appropriate Authority coupled with C.T. Training. Respondents along with others had applied for the post and got selected. In the Merit List of different categories, the candidates with Vocational Co
The court upheld the principle that equity and service continuity must be considered against allegations of fraud in candidate qualifications, denying disengagement based solely on fraudulent submiss....
The principle of equity and justice must guide recruitment processes, balancing the ramifications of alleged fraud against the realities of long service and established candidates’ reliance on their ....
Fraudulent suppression of facts in obtaining educational qualifications renders such qualifications void, and individuals cannot benefit from their fraudulent actions.
The court affirmed that previous employment claimed by a Swechhasevi Sikshya Sahayak was invalid due to prior judicial orders deeming the recruitment process null and void, thus rejecting claims for ....
The court affirmed that appointment claims require direct engagement in the selection process, emphasizing no valid grievances from unlisted candidates based on prior judicial findings.
Innocent appointees should not suffer due to errors in the recruitment process, and their termination after successful appointments, without any fault on their part, would cause undue hardship and ru....
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
The operation of a waiting list must adhere to merit and fairness principles, ensuring equal treatment for candidates in similar positions.
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