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Orissa High Court

Ghosamoni Halba vs State Of Odisha And Others .... ... on 10 May, 2023

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.14544 of 2023

                 Ghosamoni Halba                       ....             Petitioner
                                                Mr.Jugal Kishore Rout, Advocate
                                              -versus-
                 State of Odisha and others              ....           Opp.Parties
                                                              Mr.T.Patnaik, A.S.C.
                                         CORAM:

                           JUSTICE A.K. MOHAPATRA
                                            ORDER
Order No.                                 10.05.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. On oral prayer made by the learned counsel for the Petitioner, he is permitted to add Superintendent of Police, Koraput as Opposite Party No.5. Necessary incorporation be made in Court today.

3. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel. Perused the Writ Petition as well as the documents annexed thereto.

4. The present Writ Petition has been filed with the following prayer:

"It is therefore, humbly prayed that this Hon'ble Court may be graciously pleased to admit the Writ Petition, issue notice to the Opp.Parties by considering the facts and grounds stated above a direction may issue to the Opp.Parties for giving an appointment to the Petitioner as Constable (Civil) in the District of Koraput under the Reserve category pursuant to the advertisement vide Annexure-1;
And pass any other order/orders as would be deemed fit and proper ;"

5. It is submitted by the earned counsel for the Petitioner that the // 2 // Petitioner, who belongs to S.T. women category applied for the post of Constable (Civil) pursuant to advertisement dated 30.12.2022 under Annexure-1. It is further contended by the learned counsel for the Petitioner that in respect of Koraput district seven posts were reserved for S.T. women category out of total number of post of 207. It is further submitted by the learned counsel for the Petitioner that although the Petitioner has required eligibility for consideration of such appointment, however, the authorities have not considered the case of the Petitioner. Accordingly, learned counsel for the Petitioner submitted that the opposite Parties be directed to consider the case of the Petitioner for appointment against the S.T. Women reserved category to the post of Constable (Civil) pursuant to the advertisement under Annexure-1.

6. Learned Additional Standing Counsel on the other hand submitted that the selection process was almost over and by now the authority must have finalise the select list. He further submitted that if the name of the Petitioner does not appear in the final merit list, the same indicates that the Petitioner has not been selected. However, he further submitted that he has no objection if the Petitioner approaches the competent authority for consideration of his grievance within a stipulated period of time in accordance with law.

7. Considering the submissions made by the learned counsel appearing for the respective parties and keeping in view the background facts of the present case, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Petitioner to approach the Superintendent of Police, Koraput, Opposite Party No.5 by filing a fresh representation within two weeks from today taking all the grounds available to him along with supporting documents. In the event such representation is filed, the // 3 // Opposite Party Nos.2 & 5 shall do well to consider the same in accordance with law and dispose of the same by passing a speaking and reasoned order as expeditiously as possible preferably within a period of eight weeks from the date of filing representation. The decision so taken be communicated to the Petitioner within two weeks thereafter.

8. With the aforesaid observation/direction, the Writ Petition stands disposed of.

RKS                                          ( A.K. Mohapatra, )
                                                    Judge
RAMESH    Digitally signed
          by RAMESH
KUMAR     KUMAR SINGH
          Date: 2023.05.12
SINGH     14:29:17 +05'30'