Location: Orissa High Court, Cuttack

Date: 18-Aug-2025 19:11:07

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21534 of 2021

(An application under Articles 226 & 227 of the Constitution of India)

Bishnupriya Mandal …… Petitioner

Versus

State of Odisha and others …... Opposite Parties

Advocate(s) appeared in this case :-

For Petitioner : Mr.S.K.Das, Advocate

For Opposite Parties : Mr.S.K.Rout, ASC

CORAM : JUSTICE B.P. ROUTRAY

JUDGMENT

5th August 2025 B.P. Routray,J.

1. The Petitioner, who is the applicant for the post of Hindi Teacher pursuant to the advertisement dated 27^th October 2014 under Annexure-2, claims for her appointment as such in terms of the selection procedure

undertaken by the Opposite Parties.

2. Heard Mr.Das, learned counsel for the Petitioner and Mr.Rout,

learned Additional Standing Counsel for the State-Opposite Parties.

3. It is submitted by Mr.Das on behalf of the Petitioner that total number of posts advertised for Hindi Teacher in different districts of the State is 799, out of which taking reservation @11.25% for SEBC, as prescribed in the advertisement, the total number of posts reserved for

Location: Orissa High Court, Cuttack Date: 18-Aug-2025 19:11:07 SEBC comes to 92. But, the Opposite Parties without filling up all such posts meant for SEBC, only filled 64 posts depriving the Petitioner from appointment. It is further submitted that while considering for appointment, some untrained candidates placed below to the Petitioner in the merit list have been given appointment.

4. The State has filed its counter stating that out of total number of posts advertised, 546 posts of Hindi Teacher have been filled up and the rest 256 posts belonging to SC & ST category were carried forward to next year due to non-availability of candidates belonging to said category. This Court vide order dated 2^nd April 2025 directed the Director of Secondary Education (Opposite Party No.2) to furnish the break up list of candidates selected in the category of SEBC for the post of Hindi Teacher, and in reply to the same, Opposite Party No.2 filed the entire selection list of 546 candidates vide his instruction dated 19^th April 2025 given to learned Advocate General. The said instruction along with the selection list furnished by Opposite Party No.2 has been taken on record and it reveals from the said selection list that total number of SEBC candidate selected for the post of Hindi Teacher are totaling 64 candidates.

5. Being asked the same, no satisfactory answer could be given by learned Additional Standing Counsel as to why the total number of 92 posts meant for SEBC candidates in the post of Hindi Teacher was not filled up.

6. It is submitted by Mr.Rout, leaned Additional Standing Counsel that cut off mark for selection to the post of Hindi Teacher has been fixed at 199.33, whereas the Petitioner secured only 194.22 and therefore her appointment to the post claimed for could not be possible.

Location: Orissa High Court, Cuttack Date: 18-Aug-2025 19:11:07

7. It is seen from the advertisement that no such minimum qualifying cut off mark has been prescribed in the advertisement under Annexure-3 or the Resolution of the State under Annexure-2. It is specifically instructed at Clause-8 of the Resolution that the merit list with 100% of the number of vacancies in different category of candidates shall be prepared on the basis of percentage of marks. Therefore, the plea taken by the State at the present stage that the Petitioner did not qualify the minimum cut off mark of 199.33 is not conceivable and at the same time the State-Opposite Parties have failed to explain any valid reason for not filling up 100% of the vacancies in the post of Hindi Teacher in SEBC category. The fact as reveals from the selection list furnished by Opposite Party No.2 in his instruction dated 19^th April 2025 is that only 64 candidates in SEBC category have been given appointment against the vacancy of 92 posts in such category of posts of Hindi Teacher. Therefore, it is ap