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2025 Supreme(Online)(ORI) 311

ORISSA HIGH COURT
ELINA ANKITA SURIN – Appellant
Versus
STATE OF ODISHA – Respondent
WA 94 / 2025



IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.62 of 2025 Choudhury Saubhagya ..... Appellant Mohan Dash versus-

State of Odisha and others ..... Respondents Advocates appeared in this case:

For Appellant : Mr. P.K. Rath, Sr. Advocate For Respondents : Mr. Pitambar Acharya, Advocate General with Mr. Saswat Das, Addl. Govt. Advocate Mr. Sanjib Swain, Standing Counsel for OSSC Mr. Gautam Misra. Sr. Advocate (for Caveator)

Miss Pami Rath, Sr. Advocate (for Caveator)

W.A. 3433 of 2024 Punyasha Seeyaram and ..... Appellants others versus-

State of Odisha and others ..... Respondents Advocates appeared in this case:

For Appellants : Ms. Kaveeta Wadia, Sr. Advocate Mr. Shashank Tripathy, Advocate For Respondents : Mr. Pitambar Acharya, Advocate General with Mr. Saswat Das, Addl. Govt. Advocate Mr. Sanjib Swain, Standing Counsel for OSSC Mr. Manoj Mishra, Sr. Advocate for Caveator W.A. No.3459 of 2024 Swagat Swain and others ..... Appellants versus-

State of Odisha and others ..... Respondents Advocates appeared in this case:

For Appellants : Mr. Budhadev Routray, Sr. Advocate For Respondents : Mr. Pitambar Acharya, Advocate General with Mr. Saswat Das, Addl. Govt. Advocate Mr. Sanjib Swain, Standing Counsel for OSSC Mr. G. Misra, Sr. Advocate (for Caveator)

Ms. Pami Rath, Sr. Advocate (for Caveator)

W.A. No.91 of 2025 Alka Mahima Surin ..... Appellant versus-

State of Odisha and others ..... Respondents Advocates appeared in this case:

For Appellant : None For Respondents : Mr. Mr. Pitambar Acharya, Advocate General with Mr. Saswat Das, Addl. Govt. Advocate Mr. Sanjib Swain, Standing Counsel for OSSC Mr. Gautam Misra. Sr. Advocate (for Caveator)

Ms. Pami Rath, Sr. Advocate (for Caveator)

W.A. No.92 of 2025 Albert Surin ..... Appellant versus-

State of Odisha and others ..... Respondents Advocates appeared in this case:

For Appellant : None For Respondents : Mr. Mr. Pitambar Acharya, Advocate General with Mr. Saswat Das, Addl. Govt. Advocate Mr. Sanjib Swain, Standing Counsel for OSSC Mr. Gautam Misra. Sr. Advocate for Caveator W.A. No.94 of 2025 Alina Ankita Surin ..... Appellant versus-

State of Odisha and others ..... Respondents Advocates appeared in this case:

For Appellant : None For Respondents : Mr. Pitambar Acharya, Advocate General with Mr. Saswat Das, Addl. Govt. Advocate Mr. Sanjib Swain, Standing Counsel for OSSC Mr. Gautam Misra. Sr. Advocate for Caveator CORAM:

THE HON'BLE MR. JUSTICE ARINDAM SINHA, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.S.SAHOO

J U D G M E N T

-------------------------------------------------------------------------------------------------------

Date of hearing and judgment: 11th March, 2025 -------------------------------------------------------------------------------------------------------

ARINDAM SINHA, ACJ.

1. Six writ appeals have been listed and have been called on for hearing. Mr. Routray, learned senior advocate appears on behalf of appellants in W.A. no.3459 of 2024. Miss Wadia, learned senior advocate appears on behalf of appellants in W.A. no.3433 of 2024. Mr. Rath, learned senior advocate appears on behalf of appellants in W.A. no.62 of 2025. None appears on behalf of appellants in W.A.

nos.91, 92 and 94, all of 2025.

2. Impugned in the appeals is judgment dated 3rd December, 2024 of the learned single Judge. Mr. Routray submits, his clients’ contention stands recorded in paragraph-8. Rule 4(b) of Combined Technical Services Recruitment Examination Rules, 2022 does not provide restrictions on allowing candidates with higher qualification. The qualification required, though diploma for recruitment to post of Junior Engineer, candidates having higher qualification by degree cannot thus be excluded. He points out from the paragraph, case of degree engineers was, they are not aggrieved by the advertisement nor the rules but they claim eligibility to apply for the post. In allowing them to also apply it would not cause prejudice to diploma holders. Two years of the degree course is equivalent to the requi

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