ORISSA HIGH COURT : CUTTACK W.P.(C) No.15931 of 2017 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Sujit Kamar Nayak Aged about 26 years Son of Subash Chandra Nayak At: Badakutuni, P.O.: Kajalaipalli P.S.: Sarankul District: Nayagarh. … Petitioner -VERSUS-

1. State of Odisha Represented though Commissioner-cum-Secretary Department of Co-operation Bhubaneswar, District: Khordha.

2. Registrar, Co-operative Societies, Odisha, Bhubaneswar, District: Khordha.

3. District registrar, Co-operative Societies Nayagarh, At/P.O./P.S./District: Nayagarh.

4. Assistant Registrar Co-operative Societies, Nayagarh‟ Circle Nayagarh, At/P.O./P.S./District: Nayagarh.

5. The President of Kajalaipalli Service Co-operative Society Ltd.

At/P.O.: Kajalaipalli, P.S.: Sarankul District: Nayagarh.

6. The Secretary of Kajalaipalli Service Co-operative Society Ltd.

At/P.O.: Kajalaipalli, P.S.: Sarankul District: Nayagarh.

7. Ranjan Kumar Sahoo Aged about 29 years Son of Giridhari Sahoo At: Badakutuni P.O.: Kajalaipalli P.S.: Sarankul District: Nayagarh. … Opposite parties Counsel appeared for the parties:

For the Petitioner : M/s. Amit Prasad Bose, R.K. Mahanta and S.K. Dwibedy, Advocates For the Opposite party : Mr. Jayant Kumar Bal, Nos.1 to 4 Additional Government Advocate For the Opposite party : M/s. Shashi Bhusan Jena and Nos.4 and 5 Satyajit Behera, Advocates For the Opposite party : M/s. Abhijit Mishra, C.K. Sahoo No.7 and C. Das, Advocates P R E S E N T:

HONOURABLE

MR. JUSTICE MURAHARI SRI RAMAN

Date of Hearing : 10.03.2025 :: Date of Judgment : 20.03.2025

JUDGMENT

Questioning decision taken vide Resolution dated 12.05.2017 of the Kajalaipalli Service Co-operative Society Ltd. in the district of Nayagarh, whereby the Appointment Committee/Managing Committee declared the result positioning Ranjan Kumar Sahoo (opposite party No.7) and Sujit Kumar Nayak (petitioner) at 1^st and 2nd respectively, instant writ petition has been filed to invoke extraordinary jurisdiction under the provisions of Articles 226 and 227 of the Constitution of India, with the following prayer(s):

“It is, therefore, most humbly prayed that this Hon‟ble Court may graciously be pleased to admit this writ petition, call for the records and after hearing of the opposite parties be pleased to issue writ/writs in the nature of certiorari/mandamus and thereby quash the Resolution of the Appointment Committee and result sheet dated 12.05.2017 under Annexure-6 series and thereby direction may kindly be issued to give appointment to the petitioner for the post of Secretary of Kajalaipalli Service Cooperative Society Ltd. for the greater interest of justice;

And for which act of kindness, the petitioner as in duty bound shall ever pray.”

Facts:

2. The opposite party No.6-Office of Kajalaipalli Service Cooperative Society Ltd. on 13.05.2016 published an advertisement in Odia daily newspaper “Pragativadi” inviting applications for filling up the post of Contractual Secretary by way of direct recruitment on mark basis.

2.1. In response thereto, there were four applicants (namely, Sanghamitra Rout, Debasish Mohapatra, Sujit Kumar Nayak and Ranjan Kumar Sahoo) for the said post of “Contractual Secretary”. The applications were subject to verification in the Meeting of the Appointment Committee held on 28.06.2016. While rejecting the two of the four candidates (Sanghamitra Rout and Debasish Mohapatra), the candidature of the petitioner and the opposite party No.7 were taken into consideration. The Appointment Committee awarded 24.286 marks in favour of the opposite party No.7; whereas the petitioner was awarded 20.084 marks. Accordingly the opposite party No.7 was selected as Contractual Secretary of Kajalaipalli Service Cooperative Society Ltd. and a Resolution was passed on 28.06.2016 to that effect.

2.2. The comparative marks awarded to the petitioner and the opposite party No.7 would depict the following result (relevant columns of the result sheet are reflect