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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA SHRIPAD DIXIT, CHITTARANJAN DASH
State Of Odisha – Appellant
Versus
Mamata Nayak – Respondent
JUDGMENT :
Chittaranjan Dash
1. This Intra-Court Appeal is directed against the judgment dated 26.04.2024 passed by the learned Single Judge in W.P.(C) No.10791 of 2022, whereby the Writ Petition filed by the present Respondent was disposed of with a direction to the State-Appellants to consider her case for engagement as Sikshya Sahayak or any equivalent post against the existing vacancy, taking into account the preference indicated by her in the application and to issue appointment order in her favour in the district wherein she is found eligible.
2. The fact matrix of the case, in brief, is that the State Government made a resolution dated 26.12.2016 laying down the guidelines for engagement of Sikshya Sahayaks and pursuant thereto recruitment was undertaken for filling up 14,087 posts across various districts in the State. The Respondent, possessing +3 Arts with B.Ed. qualification, applied online under the SEBC category and while submitting her application exercised options for 22 districts in order of preference, mentioning Bolangir as her first preference and Malkangiri as the last. She was thereafter called for verification of original certificates on 01.02.2018 and after such
Recruitment processes must prioritize merit over district preferences, particularly when unfilled vacancies exist, ensuring compliance with constitutional guarantees of equality in public employment.
The main legal point established in the judgment is that candidates who have secured more marks than the last selected candidates are entitled to be considered for counseling and appointment, especia....
The directory nature of preference in recruitment allows candidates to be considered for unselected positions without abandoning their claims.
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
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 ....
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