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2026 Supreme(Ori) 410
IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY, J.
Akadashi Parida – Appellant
Versus
State of Odisha and Others – Respondents
W.P. (C) No. 5523 of 2023
Decided On : 26-03-2026
For the Appellant : B. Behera
For the Respondents: A. Tripathy, J. Jena, S.S. Rao, B.K. Mohanty
A candidate appearing for the H.S.C. Examination through correspondence is deemed to have completed Class-10, thus making them eligible for promotions based on seniority.
Headnote:(A) Correspondence Course Guidelines - Rule 1(d) - Promotion eligibility - Court held that a candidate allowed to appear in H.S.C. Examination through Correspondence is deemed to have studied up to Class-10, thus eligible for promotions. In this case, the petitioner was denied promotion despite being senior because of educational qualification discrepancies regarding being Class-V qualified. Court directed a review of the decision to promote and consider the petitioner's eligibility for junior and senior grade positions. (Paras 9.2 and 9.3)
(B) Service law - Seniority and promotion - Denial of promotion based on educational qualification must reflect accurate service records; the court emphasized that eligibility must be objectively assessed, considering the candidate's seniority and qualifications. (Paras 5.2 and 9.4)
Facts of the case:
The petitioner challenged the promotion of a junior colleague, contending he was unfairly denied due to qualification issues that were not justly presented. The petitioner claims seniority based on earlier service dates. (Para 5)
Findings of Court:
The court determined the basis for not promoting the petitioner was unfounded and directed a review for considering his promotion. (Paras 9.3 and 9.4)
Issues: Whether the educational qualifications as stated should have permitted the petitioner to be considered for promotion despite the conflicting records? (Para 9.1)
Ratio Decidendi: The court ruled that based on the guidelines relating to correspondence education, the petitioner's claim to have studied up to Class-10 is valid. Failure to recognize this meant the denial of promotion lacked justification. (Para 9.2)
Result: Petitioner's promotion claim directed to be reviewed and addressed on a notional basis while preserving the promotions of junior employees.
| Table of Content |
|---|
| 1. petitioner's eligibility to appear in hsc examination. (Para 1 , 2) |
| 2. petitioner's claim regarding unfair promotion process. (Para 4 , 5) |
| 3. opp. party’s defense concerning educational qualifications. (Para 6) |
| 4. petitioner's educational qualifications and promotion rights. (Para 8) |
| 5. court's ruling on review dpc and notional promotions. (Para 9) |
| 6. disposal of the writ petition. (Para 10) |
JUDGMENT :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Mode.
2. Pursuant to order dt.18.02.2026, Mr. S.S. Rao, learned Sr. Counsel appearing for the Board along with Mr. B.K. Mohanty, learned counsel files a further affidavit so sworn by the Secretary, Board of Secondary Education, Orissa, in Court with service of copy on the learned counsel appearing for the Petitioner. The same be kept on record.
2.1. Basing on the affidavit, more particularly, the Rules governing the appearance of a candidate in the High School Certificate Examination through Correspondence Course, learned Sr. Counsel contended that, at the relevant point of time, a candidate who had studied upto Class-V, can appear the H.S.C exanimation through Correspondence Course, if he is above 14 years of age. In terms of the provision contained under Para-1(d) of the Board’s guideline, Petitioner was allowed to appear in the Annual H.S.C Examination, 1996, through Correspondence course.
3. Heard learned counsel appearing for the parties.
4. The present Writ Petition has been filed inter alia with the following prayer:
(i) Admit the writ application.
(ii) Call for the records.
(iii) Issue rule nisi calling upon the Opp. Parties to show cause as to why the impugned order dated 11.01.2023 of Opp. Party No.2 under Annexure-3 in giving promotion to O.P. No.3 to the post of junior grade diarist and the office order No.4441, dt.01.05.12024 of Opp. party No.2 in giving promotion to Opp. Party No.3 to the post of junior grade diarist under Annexure-7 shall not be quashed.
(iv) And if the Opp. Party do not show cause or show insufficient cause, issue a writ in the nature of certiorari in quashing the impugned order dated 11.01.2023 under Annexure-3 and the office order dt.01.05.2024 under Annexure-7.
(v) Issue a writ a Mandamus directing the Opp. Party more particularly O.P. No. 2 to give promotion to the petitioner to the post of Ir. Grade diarist w.e.f. 11.01.2023 to the post of senior grade diarist w.e.f 01.05.2024 respectively with all service benefits within a reasonable time to be stipulated by this Hon’ble Court.
(vi) And/or pass such other order/orders, direction/directions as this Hon’ble Court may think fit and proper for the ends of justice;
And for this act of kindness the petitioner as in duty bound shall ever pray.
5. Learned counsel appearing for the Petitioner contended that, Opp. Party No.3 though is junior to him in the Gradation list, so published under Annexure-2, in respect of Group-C and Group-D employees working in the establishment of Chief Engineer, National Highways, Odisha, but ignoring his claim, private Opp. Party No.3 was extended with the benefit of promotion to the rank of Jr. Grade Diarist vide order dt.11.01.2023 under Annexure-3 and to the rank of Sr. Grade Diarist vide order dt.01.05.2024 under Anexure-7.
5.1. It is contended that since in the Gradation list of Group-C and Group-D employees so published under Annexure-2, Petitioner was at Sl. No.3 as against the post of Treasury Sarkar and Private Opp. party No.3 was at Sl. No.2 as against the post of Duftary, taking into account the initial joining of Petitioner as 23.09.1987 and that of private Opp. party No.3 as 06.05.1994, with their joining in the rank of Treasury Sarkar and Duftari as 11.10.2019, Opp. Party No.3 could not have been extended with the benefit of promotion to the rank of Jr. Grade and Sr. Grade Diarist vide order dt.11.01.2023 and 01.05.2024 under Annexures-3 & 7 ahead of the Petitioner.
5.2. It is also contended that Petitioner while was holding a Group-C po
