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2024 Supreme(Online)(ORI) 422
IN THE HIGH COURT OF ORISSA AT CUTTACK
In W.A. No.580 of 2024
1.
Jaymarathi Senapati, aged about 33 years, S/o Jaladhar Senapati,
At - Chatumari, P.O- Bhurunga, Dist. Jajpur.
2. Rajesh Kumar Panda, aged about 25 years, S/o-Ramakanta
Panda, At/p.O- Bandhagaon, Dist-Bhadrak.
3. Sourav Mohanty, aged about 27 years, S/o Binod Mohanty,
At/P.O- Salagaon, Dist- Cuttack.
4. Gitanjali Pradhan, aged about 27 years, C/o – Gopinath Pradhan,
At- Kantabanja, P.O- Kridashpur, Dist-Nayagaih.
5. Dipak Swain, aged about 25 years, C/o- Dillip Kumar Swain, At-
Dakeisahi, P.O- Taradapada, Via -Nimapada, Dist- Puri.
6. Debabrata Sethi, aged about 27 years, C/o – Narayana Sethi, At-
Manpur, P.O- Kanas, Dist- Puri.
7. Swayamshri Das, aged about 26 years S/o- Manamath Das, At-
Tikira, P.O- B.T. Pur, Dist- Bhadrak.
8. Satya Ranjan Nayak, aged about 33 years, S/o Kailash Chandra
Nayak, At- Bahearbil, P.O-Dhusuri, Dist-Bhadrak.
9. Chinmayee Kar, aged about 27 years, C/o- Basanta Kar, At- Plot
No. 170/1731, Johala, P.O- Pahala, Dist-Khurdha
10. Tarini Prasad Harichandan, aged about 27 years C/o-
Brajabandhu
Harichandan,
At
/post-
Gadamrugasira,
Via-
Chandanpur, Dist- Puri
11. Rajendra Kumar Swain, aged about 23 years, C/o.Nityananda
Swain, At- Singharasahi, P.O- Sttazipur, Dist- Jagatsinghpur.
12. Jaflin Parida, aged about 25 years, S/o Sampad Parida, At-
Malandapada, P.O- Dubaipur, Dist- Puri.
…Appellants
In W.A. No.727 of 2024
1. Somanath Mandal, aged about 27 years, S/o-Sansari Mandal, At-
Krushnachandrapur, P.O.Mahipur,P.S- Nuagaon, Dist.- Nayagarh,
Odisha.
2. Arabinda Rout, aged about 28 years, S/o-Ganeswar Rout, At-
Ghansalia, Dist.- Nayagarh, Odisha.
3. Tanmaya Prasad Rout, aged about 24 years, S/o-Pramod Kumar
Rout, At/P.O- Karadapada, Block- Gania, Dist.- Nayagarh.
4. Aparajita Das, aged about 24 years, C/o-Anam Charan Das, At-
Bhotka, Dist.- Jajpur ,Odisha.
5.
Rajib Kumar Sahoo, aged about 34 years, S/o-Naba Kishore
Sahoo, At- Balanda, P.O.Sampada, P.S- Nuagaon, Dist.- Nayagarh,
Odisha
6. Suchimista Srichandan, aged about 30 years, D/o- Duryodhan
Srichandan, At- Tarapi. P.O.Soran, Dist.- Khordha, Odisha.
7. Kanhu Charan Sethi, aged about 24 years, S/o-Kumar Sethi, At-
Jharapada, P.O- Jharapada, Dist.- Nayagarh, Odisha.
8. Sk.Zakaullah, aged about 31 years, S/o. Sk Daud, At- Hela Sahi,
Puruna Bazar, Bhadrak Town, P.O- Bhadrak, Dist.- Bhadrak,
Odisha.
9. Bisikeshan Dalei, aged about 29 years, S/o-Nityananda Dalei, At-
Talia, P.O- Nudadiha, Dist.- Mayurbhanj, Odisha.
10. Lopamudra Das, aged about 29 years, D/o-Manoranjan Das, At-
Olasingh, P.O- Jankia, Dist.- Khordha, Odisha.
1l. Sasmita Padhi, aged about 25 years, D/o- Prafulla Chandra Padhi,
At- Jemadeipur, Dist.- Cuttack, Odisha.
12. Harapriya Behera, aged about 30 years, C/o-Manas Ranjan
Nayak, At- Kalandipatna, P.O.Soro, Dist.- Baleswar, Odisha.
13. Saubhagini Sahoo, aged about 31 years, W/o- Adeitya Prasad
Sahoo, presently residing at- Deilu via- Pichikuli, Block- Bolagarh,
Dist- Khordha
14. SK. Rahuallah, aged about 23 years, S/o- SK Kalimullah, At-
Raghupatibindha, PO.Gujidarada,PS- Bhadrak, Dist- Bhadrak.
…Appellants
In W.A. No.740 of 2024
1. Bikash Behera, aged about 29 years, S/o- Budhanath Behera, AT-
Rajabagicha Labour colony, PO - Telengabazar, DIST- Cuttack.
2. Rakesh Behera, aged about 29 years, S/o-Narottam Behera,
AT/PO-Mangarajpur, DIST- Cuttack.
3. Roji Kar, aged about 29 years, D/o. Manamohan Kar AT- Sriram,
42 Mouza, PO -Jhinkiria, DIST-Cuttack.
4. Abineswar Rout, aged about 27 years, S/o:-Amalendu Rout
AT/P.O;- Malipal P.S:-Raibania VIA:- Jaleswar DIST:- Balasore.
5. Jyotsnarani Sahoo, aged about 31 years, D/o-Niranjan Sahoo, AT-
Kuanarpur, PO.Kalaspur, DIST- Balasore.
6. Ipsita Priyadarshini, aged about 26 years, D/o-Prasanna Kumar
Sahoo, AT-Saraketa,PO-Kudutuli, DIST-Kandhamal.
7. Mrutyunjay Sahoo, aged about 23 years, S/o. Muralidhar Sahoo,
AT- Mishrapur PO. Kantapari, DIST-Bhadrak.
8.
Prachi Parichita Nayak, aged about 27 years, D/o- Anadi Charan
Nayak, AT- Arakhakuda, PO- Devidola, DIST- Jagatsinghpur.
9. Swapna Biswal, aged about 29 years, D/o-Gadadhar Biswal, M-
Charulata Biswal, AT. Ratanpur, PO- Kuhudi, Dist- Khordha.
10. Prangya Prava Priyadarshini, aged about 29 years, D/o- Sarat
Kumar Sethi AT. Siridinagar Deulasahi Cuttack, PO- Tulasipur, PS-
Bidanasi, DIST - Cuttack.
11. Kahnu Kishore Kar, aged about 25 years, S/O- Bramhananda Kar,
AT- Kesharpur, PO- Totapada, Dist- Bhadrak.
12. Priyadarsini Barik, aged about 25 years, D/O- Nimain Charan
Barik, AT- Tarikund, PO- Tarikund, DIST- Jagatsinghpur.
…Appellants
-versus-
1. Chintamani Bhuian, aged about 32 years, S/o- Madhusudan
Bhuyan, At- Kalamatia, PO- Dasarathipur, PS- Kanpur, Dist-
Cuttack.
2. Swagat Das, aged about 29 years, S/o- Sangram Das, At- Polasara,
Po- Bagalashi, Niali, Dist.-Cuttack.
3.
Jitu Naik, aged about 32 years, S/o- Paramananda Naik, At-
Basantapur, Po- Banamalipur, Dist- Nayagarh.
4. Jyotiranjan Moharana, aged about 30 years, S/o- Narendra
Moharana AT/PO- Bansh, Via- Naugaonhat, Dist- Jagatsinghpur.
5. State of Odisha, represented through its Commissioner-cum-
Secretary, School and Mass Education Department, Lok Seva
Bhawan, Bhubaneswar, Dist- Khurda.
6. Odisha School Education Program Authority (OSEPA),
represented through its State Project Director, Sikshya Soudha,
Unit-5, Bhubaneswar, Dist- Khurda.
…Respondents
AND
In W.A. No.712 of 2024
1. State of Odisha, represented through its Commissioner-cum-
Secretary, School and Mass Education Department, Lok Seva
Bhawan, Bhubaneswar, Dist- Khurda.
2. Odisha School Education Program Authority (OSEPA),
represented through its State Project Director, Sikshya Soudha,
Unit-5, Bhubaneswar, Dist- Khurda.
…Appellants
-versus-
1. Chintamani Bhuian, aged about 32 years, S/o- Madhusudan
Bhuyan, At- Kalamatia, Po- Dasarathipur, Ps-Kanpur, Dist-
Cuttack.
2. Swagat Das, aged about 29 years, S/o- Sangram Das, At- Polasara,
Po- Bagalashi, Niali, Dist- Cuttack.
3.
Jitu Naik, aged about 32 years, S/o- Paramananda Naik, At-
Basantapur, Po- Banamalipur, Dist-Nayagarh.
4. Jyotiranjan Moharana, aged about 30 years, S/o- Narendra
Moharana AT/PO- Bansh, Via- Naugaonhat, Dist- Jagatsinghpur.
…Respondents
Advocates appeared in these cases:
In W.A.No.580 of 2024
For the Appellants:
Mr. Budhadev Routray, Sr. Advocate &
Mr. J. Biswal, Advocate
For Respondents No.1 to 4:
Mr. Sameer Kumar Das, Advocate
For Respondents No.5 & 6:
Mr. Ashok Kumar Parija, Advocate General,
Mr. Saswat Das, AGA &
Mr. Arnav Behera, ASC.
In W.A.No.727 of 2024
For the Appellants:
Mrs. Pami Rath, Sr. Advocate &
Ms. S. Mohanty, Advocate
For Respondents No.1 to 4:
Mr. Sameer Kumar Das, Advocate
For Respondents No.5 & 6:
Mr. Ashok Kumar Parija, Advocate General,
Mr. Saswat Das, AGA &
Mr. Arnav Behera, ASC.
In W.A.No.740 of 2024
For the Appellants:
Mr. Prafulla Kumar Rath, Sr. Advocate &
Ms. Sagarika Sahoo, Advocate
For Respondents No.1 to 4:
Mr. Sameer Kumar Das, Advocate
For Respondents No.5 & 6:
Mr. Ashok Kumar Parija, Advocate General,
Mr. Saswat Das, AGA &
Mr. Arnav Behera, ASC.
In W.A.No.712 of 2024
For the Appellants:
Mr. Ashok Kumar Parija, Advocate General,
Mr. Saswat Das, AGA &
Mr. Arnav Behera, ASC.
For Respondents No.1 to 4:
Mr. Sameer Kumar Das, Advocate
For Intervenors:
Mr. Satyabrata Mohanty, Advocate
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
18.06.2024 Chakradhari Sharan Singh, CJ.
1. Since in all these four intra-Court appeals, the same judgment and order dated 12.03.2024 passed by a learned Single Judge of this Court in W.P.(C) No.978 of 2024 and analogous matters is under challenge, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.
2. We have heard Mr. Ashok Kumar Parija, learned Advocate General assisted by Mr. Saswat Das, Additional Government Advocate & Mr. Arnav Behera, learned Additional Standing Counsel representing the State of Odisha & for the appellants in W.A. No.712 of 2024. We have also heard Mr. Budhadev Routray, learned Senior Counsel assisted by Mr. J. Biswal, learned counsel; Ms. Pami Rath, learned Senior Counsel assisted by Ms. S. Mohanty, learned counsel; Mr. Prafulla Kumar Rath, learned Senior Counsel assisted by Ms. Sagarika Sahoo, learned counsel for the appellants in W.A. No.580 of 2024, W.A. No.727 of 2024 and W.A. No.740 of 2024 respectively and Mr. Sameer Kumar Das, learned counsel for respondents No.1 to 4 and Mr. Satyabrata Mohanty, learned counsel for the intervenors in W.A. No.712 of 2024.
3. To comprehend the core issue involved in the present batch of cases, it would be beneficial to take note of the relevant foundational facts first, which are common in all the cases. The learned Single Judge, while deciding the dispute in the writ petitions involving common facts and issues has referred to the pleadings brought on records by the parties in W.P.(C) No.978 of 2024. Accordingly, with the consent of the parties it has considered suitable to notice the facts from the said writ proceeding, for the present common judgment and order.
4. Notably, there were 4 petitioners in W.P.(C) No.978 of 2024; 33, 9,5 & 3 respectively in W.P.(C) Nos.1385, 1560, 1712 & 1599 of 2024 and one each in W.P.(C) Nos.1496, 1499, 1945, 1591 of 2024.
5. Thus, altogether 58 petitioners questioned the process of recruitment to the posts of Junior Teacher (Schematic), initiated with the issuance of an advertisement/notice on 10.09.2023 by the Odisha School Education Programme Authority („OSEPA‟, in short). The said advertisement was issued in pursuance of a Resolution No.20336/SME dated 22.08.2023 and Letter No.21742/SME dated 08.09.2023 of the School and Mass Education Department („S & ME Department‟, in short), Government of Odisha. The said notice is at Annexure-3 to the W.A. No.712 of 2024, which reads as under: “NOTICE It is for information of all concerned that, in pursuance of School & Mass Education Department, Odisha Resolution No.20336 / SME Dt.22.08.2023 and Letter No.21742 / SME Dt. 08.09.2023. 20.000 (Twenty Thousand) Junior Teacher (Schematic) posts will be filled up in the Primary & Upper Primary Schools under different Revenue Districts of Odisha. The information on District wise & category wise posts will be available in OSEPA website i.e. osepa.odisha.gov.in w.e.f. 11.09. 2023.Applications are invited from the intending candidates to apply for the post of Junior Teacher (Schematic) through online mode only from 13.09.2023 . The last date of submission of online application form is 10.10.2023 . No other mode of application will be accepted. There will be no examination fees. The candidates will be selected on the basis of marks secured on CBT (Computer Based Test) examination. The syllabus of the CBT examination is available in the OSEPA website. The date, time & examination centre of CBT examination will be mentioned in the admit card of the concerned candidates. The detail information on engagement of Junior Teacher (Schematic) will be available in OSEPA website. The candidates are advised to visit the OSEPA website on regular basis.” ( underlined for emphasis)
6. It is manifest from the said notice dated 10.09.2023 that the comparative meri
