ORDER

22.07.2024 Order No. 07

1. This matter is taken up through hybrid mode.

2. Heard Mr. S. Mallik, learned counsel appearing for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

“In view of the facts mentioned above, the petitioner prays for the following relief(s):-

(I) Quash the impugned order dt.19.5.2022 as at Annexure-3 declaring the petitioner ineligible on the plea of non-supply of three documents while receipt under annexure-6 proves that the petitioner has supplied the documents.

(II) Direct/order that the name of the petitioner shall be included in the eligible merit list of the candidates and he shall be considered for appointment as per his merit position.

(III) Pass any such orders as may be deemed fit in the interest of justice.

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

4. Learned counsel for the Petitioner contended that pursuant to the selection process initiated by the Director-Opp. Party No. 2 for appointment of Initial Appointee Teachers in Govt. Secondary School, State of Odisha, 2021-22 under Annexure-1, Petitioner made his application for the post of TGT (Science).

4.1. It is contended that after being allowed to participate in the selection process, at the time of verification of documents, a notice was issued on 19.05.2022 under Annexure-3, to file objection in the prescribed format, as Petitioner’s name was included in the draft list of ineligible candidates.

4.2. It is contended that in terms the notice issued on 19.05.2022 under Annexure-3, Petitioner submitted his objection on 27.05.2022 with due acknowledgement vide Annexure-6 series. But thereafter when no final decision was taken on the claim of the Petitioner, the present writ petition was filed. It is also contended that when the certificate produced by the Petitioner in support of his qualification of B.Ed. so obtained from Bengaluru University vide Annexure-7 was disputed by the authority concerned on the ground that the said certificate as well as the order of affiliation have been issued in Karnad language, Petitioner produced the English translated copy of the certificate and the order of affiliation so issued by the University with due attestation by the Notary concerned under Annexure-10 series. However, no further decision when was taken, Petitioner is before this Court.

5. Mr. S.K. Samal, learned Addl. Govt. Advocate on the other hand contended that though pursuant to the impugned notice dtd.19.05.2022 under Annexure-3, Petitioner filed his objection on 27.05.2022 under Annexure-6 and he also produced the English translated copy of the B.Ed. certificate and the order of affiliation so obtained from Bengaluru University, but the authority concerned since could not compare the English translated version with the language indicated in Annexure-7 and the order of affiliation, Petitioner’s claim was not considered. The stand taken in Para 5 of the counter reads as follows:-

“5. That in reply to the averments made in Para 7 to 11 of this writ petition, it is humbly submitted that, Director, Secondary Education, Odisha, Bhubaneswar had afforded opportunities to candidates to have file their objections if any over the list of draft eligibility on 21.05.2022. On the above date the petitioner had submitted the required documents in unreadable condition which were printed in karnad Language which were not legible to the verifying team. As the cases of fake teachers are appearing at a remarkable number in the previous recruitments, utmost care was under taken by the verifying team for selection of suitable candidates having clear academic carrier. The petitioner again approached before the committee with the same documents along with a English translated version of the documents dully attested by an advoca