Orissa High Court
Kamadev Behera vs Sate Of Odisha And Another .... Opp. ... on 2 August, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23713 of 2023
Kamadev Behera .... Petitioner
Ms. B.K. Pattanaik, Advocate
-versus-
Sate of Odisha and another .... Opp. Parties
Mr. Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 02.08.2023
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
"It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;
(i) To direct the Opp. Parties to prepare a further list of candidates under SEBC category taking into account the vacancy of SEBC category to appear in English typing test and Test in computer application.
(ii) To direct the Opp. Parties to allow the // 2 // petitioner to appear in English typing test and Test in computer application.
(iii) To direct the opposite parties to call candidates numbering about 2 times of the vacancies category wise as per clause-6 of the advertisement for certificate verification.
(iv) To direct the Opp. Parties to appoint the petitioner as Jr. Executive Assistant.
And pass such other order/orders as may be deemed fit ad proper for the interest of justice."
4. It is submitted by learned counsel for the Petitioner that pursuant to advertisement under Annexure-1 for recruitment to the post of 130 Junior Executive Assistants, the Petitioner submitted his candidature. Thereafter, the Petitioner along with other eligible candidates were asked to appear in the written examination. Accordingly, the Petitioner appeared in the written examination. Learned counsel for the Petitioner further stated that the Petitioner came to learn that he has secured 75 marks in the written test. After conclusion of the written test, three lists were prepared at different stages of selection inviting short listed candidate to appear in the typing test. In the third list which was published on 3.4.2023 inviting a total number of 2626 short listed candidates to appear in the typing test. The roll number of the Petitioner does not find place in the said list. Further, on verification of the said list under Annexure-5 to the writ petition, it appears that the cut-off mark for S.E.B.C. Category was 74.73410. In such view of the matter, learned counsel for the Petitioner further contended that since the Petitioner has secured 75 marks, he should have been invited to appear in the typing // 3 // test. However, the Petitioner has not received any such intimation to participate in the typing test. Learned counsel for the Petitioner further referring to Annexure-7 submitted that the final list of 88 numbers of provisionally selected candidates list was published on 13.06.2023. On perusal of the said list, it appears that neither the name of the Petitioner appears in the said list nor any candidates belonging to the S.E.B.C. Category have been selected for appointment. Accordingly, it was also contended that none of the candidates belonging to the S.E.B.C. Category have been selected. She further submitted that out of 130 posts, only 88 candidates have been selected and the rest of the posts are lying vacant as none was found suitable for such appointment. The main contention of the Petitioner is that since the Petitioner has secured 75 marks, he should have allowed to participate in the typing test. The same having not done by the Opposite Parties, the Petitioner is aggrieved by the selection process and, accordingly, the Petitioner has approached this Court by filing the writ petition.
5. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that the terms of the advertisement under Annexure-1 clearly reveals under Clause-12(f) that any candidate who have secured more than cut-off marks at any Tier/stage of the examination is not qualified for the subsequent stage/final selection due to any reason, he must represent to the Commission within one month of the declaration of the result. Learned Additional Government Advocate appearing for the State-Opposite Parties submitted that // 4 // the Petitioner should have approached the Commission for redressal of his grievance instead of approaching this Court. He also contended that the selection process for appointment of Junior Executive Assistants has conducted by Odisha Staff Selection Commission which consists four phases. First phase Written Test then Typing Test and thereafter Skill Test and finally certificate verification. Further, referring to Notification dated 06.06.2023 under Annexure-6, the learned Additional Government Advocate submitted that a list of 91 candidates was prepared for verification of certificate and finally after verification of certificate, another list was published on 13.06.2023 under Annexure-7 preparing a list of provisionally selected candidates for the post of Junior Executive Assistant for the year 2022.
6. Considering the submissions made by the learned counsels appearing for the respective parties and upon a careful examination of the background facts of the present case and keeping in view the advertisement under Annexure-1, this Court thinks it proper to dispose of the writ petition by granting liberty to the Petitioner to approach the Opposite Party No.2-Secretary, Odisha Staff Selection Commission by filing a fresh representation along with supporting documents within a period of two weeks from today. In the event such a representation is filed, the Opposite Party No.2-Secretary, Odisha Staff Selection Commission shall do well to consider the representation of the Petitioner strictly in accordance with law and shall dispose of the same within a period of four weeks from the date of receiving a // 5 // copy of the said representation along with a certified copy of this order. The representation of the Petitioner shall be disposed of by passing a speaking and reasoned order. The final decision to be taken by the Opposite Party No.2 be also communicated to the Petitioner within ten days thereafter.
7. With the aforesaid observation and direction, the writ petition is disposed of.
( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 06-Aug-2023 13:38:10