HIGH COURT OF ORISSA
Biraja Prasanna Satapathy, J
PUSPANJALI SAHOO – Appellant
Versus
STATE OF ODISHA – Respondent
WPC(OAC)/1974/2015
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.C(OAC) No.1974 of 2015
Puspanjali Sahoo
….
Petitioner
-versus-
State of Odisha & Others
….
Opposite Parties
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No
ORDER
23.06.2022
1. 1.
This matter is taken up through Hybrid Mode.
2.
This application involves a challenge to the illegal action of the
Opposite Party No.1 in rejecting the candidature of the Petitioner
through the publication of the common merit list (provision) as well
as the final list of the candidates for the post of Contractual Hindi
Teachers in the Govt. Secondary Schools in 2014-15 involved in an
advertisement process indicated herein. 3
3.
Background involved in this case is that after completion of the
Board of Secondary Education level the Petitioner passed +2
Examination from the Baba Harekrushna Das, Mahavidyalaya under
CHSE pattern and then he completed the +3 degree course from the
Utkal University. It further disclosed through the application that
after achieving the above qualification the Petitioner completed the
Rastravasa Shastri Examination under the Odisha Rastravasa
Parisad, Jagannath Dham, Puri in the year 2011 securing more than
50% of mark. The Petitioner in the meantime also completed M.A. in
Hindi from Allahabad Agricultural Institute in 2014. It is also
pleaded that for the Petitioner belonging to S.E.B.C category the
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Page 2 of 5
concerned Tahasildar issued S.E.B.C certificate in favour of the
Petitioner vide Annexure-4. It appears, pursuant to the resolution
dated
27.10.2014
published
requiring
applications
from
the
candidates for recruitment of Hindi Teachers alongwith other
Teaching Staffs in Govt. Secondary Schools, the Petitioner applied for
the post of Contractual Hindi Teachers. It appears, the Government
therein had prescribed certain qualification criteria for different
posts. It is further pleaded that a Common Merit List (Provisional) of
the candidates for the post of Contract Teachers in Govt. High
Schools 2014-15 was prepared without selecting the name of the
Petitioner as appearing at Annexure-6. In furtherance of the
publication of the Common Merit List (Provisional), there also
appears a final merit list to have been published again ignoring the
case of the Petitioner.
4.
Mr. Bhanjadeo, learned counsel for the Petitioner taking this
Court to the advertisement issued for the recruitment purpose and
specifically drawing the attention of this Court to the qualification
criteria at paragraph No.3(f) of the resolution vide Annexure-4,
attempted to establish that in spite of the Petitioner having the
required qualification, the case of the Petitioner has been ignored in
the selection process. In the process Mr. Bhanjadeo, learned counsel
for the Petitioner sought for intervention of this Court in the merit
list prepared for the recruitment in question and for issuing
appropriate direction for appointment of the Petitioner in the post of
Contractual Hindi Teachers in Government Secondary Schools
pursuant to the resolution in 2014-15.
5.
Pursuant to issuance of notice the Opposite Party No.3 in filing
a counter affidavit attempted to justify the action of the Opposite
Parties in not selecting the Petitioner in the recruitment process in
question. Mr. Mishra, learned Standing counsel for the School &
Mass Education Department drawing the attention of this Court to
the pleadings made in paragraph nos.6, 7 & 8 of the counter affidavit
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Page 3 of 5
contended that for the Petitioner did not have the Hindi training
qualification such as Hindi Sikshya Parangata or B.H.ED or B.Ed in
Hindi, the authorities are justified in not selecting the case of the
Petitioner. In the above premises Mr. Mishra, learned Standing
Counsel for the School & Mass Education Department requested