IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37539 of 2025 (In the matter of an application under Articles 226 and 227 of the Constitution of India)

Manjulata Behera …. Petitioner -versus-

State of Odisha, represented …. Opposite Parties by the Commissioner-cum- Secretary to the Government, School and Mass Education Department, Bhubaneswar and others Appeared in this case:-

For Petitioner : Mr. M.K. Mohanty, Advocate For Opposite Parties : Mr. G. Mohanty, Learned Standing Counsel CORAM:

JUSTICE A.C. BEHERA

JUDGMENT

Date of hearing : 26.02.2026 / date of judgment : 20.03.2026 A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned Order No.1051 dated 26.03.2018(Annexure-7) passed by the Collector-cum-Chief Executive Officer, Zilla Parishad, Mayurbhanj(Opposite Party No.3) relating to the disengagement of the petitioner from Swechhasevi Sikshya Sahayaka and to direct the Opposite Parties through issuance of a writ of mandamus for providing all the service and financial benefits accrued in favour of the petitioner and to pass such other order or orders as the Court deems just fit and proper.

2. The case of the petitioner is that, an advertisement was made by the Director, Elementary Education Orissa(Opposite Party No.2) on dated 25.03.2003 (Annexure-1) in The daily “Sambad” inviting applications for the post of Swechhasevi Sikshya Sahayaka in Government Primary Schools in different Education Districts. In that advertisement, there were 419 posts of Swechhasevi Sikshya Sahayaka for Rairangpur Education District to be filled up. The minimum qualification for the said posts was Matric Pass with C.T. and Graduation with B.Ed indicating therein clearly that, untrained Scheduled Tribe and Scheduled Caste candidates are eligible to apply for the said post of Swechhasevi Sikshya Sahayaka and the provisions of ORV Act are applicable to them.

In pursuance to the said advertisement, the petitioner being an untrained +2 Arts candidate of Scheduled Caste category applied for the same. Thereafter, the Collector-cum- Chief Executive Officer, Zilla Parishad, Mayurbhanj(Opposite Party No.3) vide his Office Letter No.713 dated 27.08.2003 wrote a letter to the Director, Elementary Education, Odisha, Bhubaneswar(Opposite Party No.2) stating that, the selection process as per advertisement dated 25.03.2003 has not been over and after selection process is over, the select list shall remain valid for one year, as per Resolution dated 03.10.2000 of the Government, for which, he may be permitted/allowed to engage the waiting candidates of the select list. On the basis of that letter dated 27.08.2003 of the Opposite Party No.3, the Government took a decision and communicated the same to all the Collectors of the State through Opposite Party No.1 as per letter dated 29.06.2003 to give engagement to the waiting candidates from the select list.

3. So, the petitioner was given appointment as Swechhasevi Sikshya Sahayaka vide Order No.209 dated 10.02.2004(Annexure-4) against one of fifteen(15) Matric C.T./Matric Posts reserved for Scheduled Caste(Women).

4. The said circular/letter dated 26.09.2003 of the Government of Orissa was quashed by this Court as per order dated 29.04.2004(Annexture-5) passed in W.P.(C) No.11748 of 2003 between Hrushikesh Bindhani and others vrs. State of Orissa and others and direction was given to make fresh advertisement for filling up the vacancies of 15682 posts amongst the candidates, who were eligible as on 26.09.2003.

5. In pursuant to the aforesaid direction made by this Court in Annexure-5 dated 29.04.2004, the Opposite Party No.2 made a fresh advertisement in the month of September, 2004 for filling up of 15682 posts of Swechhasevi Sikshya Sahayaka in the State of Orissa including 587 posts for Rairangpur Education District.

6. As, the petitioner was appointed on dated 10.02.2004 after 26.09.2003, she(petitioner) was asked