Orissa High Court
WP(C)/8486/2018 on 18 May, 2018
W.P.(C) No.8486 of 2018
3. 18.5.2018 This writ petition has been filed for issuance of
direction upon the opposite parties either to publish the
final result of Certificate Course in Physical Education,
2018 (in short CPEd) or in alternative to allow the
petitioner to accept their application forms to participate
in the selection process in terms of the advertisement
dated 7.5.2018 under Annexure-3, and the last date of
receipt of application form is 28.05.2018.
Sole contention raised by the petitioner is that they
have appeared in the CPEd Examination , 2018 which
was concluded on 11.05.2018 and the aforesaid
examination is the basic requisite condition to allow one
or the other candidates to participate in the selection
process for consideration of selection as Physical
Education Teacher (in short PET) but the result has not
yet been published, however the advertisement has been
issued inviting applications to consider the case of one or
the other candidates for selection as PET, the last date of
submission of application form is 28.05.2018, hence this
writ petition has been filed for issuance of direction upon
the opposite parties either to publish the result prior to
28.05.2018, so that the candidates may fill-up their
application forms or in alternative allow them to apply in
terms of the advertisement, so that their chance for
consideration in the aforesaid selection process in terms
of the advertisement under Annexure-3 may not go.
RJ
Learned counsel for the petitioner has relied upon
the judgment passed by the co-ordinate Bench of this
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Court in W.P.(C) No.17439 of 2009 disposed of on
1.12.2009. This Court while hearing the learned counsel
for the petitioner on 17.05.2018 has directed Mr. S.N.
Nayak, learned counsel appearing for Board of Secondary
Education to seek instruction with respect to the status
of the publication of result, who on instruction submits
that the examination since has been concluded only on
11.05.2018 and the evaluation is to be done from
4.6.2018 to 11.06.2018 and thereafter for preparing the
final result 20 days more will take, hence the final result
will be published by the end of June, 2018.
Mr. Amit Pattnaik, learned Addl. Govt. Advocate
representing opposite party no.1 who has accepted
notice to represent them as would be evident from the
order dated 17.05.2018 has submitted that this Court
may pass appropriate order.
Heard the learned counsel for the parties and after
appreciating the arguments advanced on behalf of the
petitioner who is representing such category of
candidates who are desirous to participate in the
selection process and in terms of the advertisement
dated 7.5.2018, whereby and where under the
applications have been invited from different category of
posts which includes the post of PET, the last date of
receipt of applications has been fixed in the aforesaid
advertisement is 28.05.2018 by 5 P.M. only by
Registered Post/Speed Post having been issued by the
Collector, Kandhamal.
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Concern of the petitioner is that after consideration
of candidature to be appointed as PET is to possess CPEd
certificate, in absence thereof the candidates will not be
said to be eligible to participate in the selection process
but unfortunate part is that the CPEd Examination, 2018
has only been concluded on 11.05.2018 and there is no
likelihood of publication of the result before 28.05.2018
i.e. the last date of receipt of the application form and as
such this writ petition has been filed praying therein to
direct the Board of Secondary Education, at least publish
the result before 28.05.2018, so that they may take their
chance for consideration of their candidature by
appearing in the aforesaid examination in terms of the
advertisement or if there is any difficulty in publication of
result, at least the petitioners may be allowed to submit
their application forms by accepting it by the competent
authority, so that their chance of consideration may not
go.
This Court is of the view that the chance for
consideration available to the candidates who are waiting
for their turn to participate in the selection process by
way of the advertisement which has been issued on
7.5.2018 inviting applications from different categories of
post including the post of PET but the selecting agency is
fixed the last date of submission of application form as
28.05.2018. The petitioners have appeared in the CPEd
Examination, 2018 which is mandatory eligibility
condition to be possessed by one or the other candidates
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for consideration of their candidature and in absence
thereof, the applications will be rejected at the threshold.
It is evident from the pleading made in the writ
petition that the petitioners are not at fault rather they
have appeared in the CPEd Examination, 2018 and as
per the submission made by Mr. Nayak, learned counsel
appearing for the Board that the result is only to be
published by the end of June, 2018, hence if the
alternative prayer as has been made by the petitioner
will not be allowed, the petitioners will be deprived from
consideration for their candidature for selection of PET.
Similar view has also been taken by this Court in
W.P.(C) No.17439 of 2009 vide order dated 01.12.2009
and while disposing of the writ petition, the following
direction has been passed:-
"This writ application is, therefore, disposed
of directing that if the petitioners make
applications for being recruited as
contractual PETs pursuant to the
advertisement under Annexure-7 by
05.12.2009, such applications shall be
accepted by the concerned authorities for
being considered along with other
applications if by the date of such
considerations the result of the petitioners
in the ensuing examination, which is to
commence from 02.12.2009 and will
continue till 08.12.2009 is declared and any
of the applicants are declared to have
become successful in the said examination.
However, if, by the date, such applications
received, pursuant to the advertisement
under Annexure-7, are considered, the
result of the petitioners who are to appear
in the ensuing examination is not declared,
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their cases shall not be considered for
recruitment. As there are only 81 students
as stated by the petitioner, if the same is
found to be correct, the result of the
petitioners who appear in the ensuing
C.P.Ed. Examination shall be declared within
a period of one month from the date of
conclusion of the said examination.
The writ application is accordingly
disposed of."
In view of the facts and circumstances stated
hereinabove, and taking into consideration the
predicament of the petitioners, it would not be
appropriate to direct the Board of Secondary Education
prior to 28.05.2018 to publish the result because it is the
question of evaluation of answer scripts and it will take
sufficient time for its evaluation but alternative prayer
made by the petitioners for acceptance of their
application forms can be allowed which will be just and
proper, otherwise the petitioners will be deprived from
the chances for consideration of their candidature in
pursuance to the advertisement in question, which will
not be proper and if doing so, none of the interest will be
prejudiced rather if it will not be done, the interest of the
petitioners will be prejudiced. in view thereof,
considering this aspect of the matter the writ petition is
disposed of directing the Collector, Kandhamal as well as
the District Welfare Officer, Kandhamal to accept the
applications of the petitioners, if submitted prior to
28.05.2018 with a direction that immediately after
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publication of the result of CPEd. Examination, 2018, the
result shall be furnished to be appended to the
application forms by the selecting agency.
The Collector, Kandhamal as well as the District
Welfare Officer, Kandhamal is directed to go on with the
process of selection but conduct written test/interview in
the 1st week of July, 2018.
The Board is directed to publish the result by
25.06.2018 positively which shall be communicated to
the petitioners as per the procedure.
It is made clear that, if any of the petitioners has
been declared to be fail in the CPEd. Examination,
application form of such candidates/petitioners shall be
rejected at the threshold, holding therein that they are
not eligible to be considered on that ground.
It is further made clear that in no circumstances,
the selection process be deferred so that it be concluded
at an early date and as decided.
With the aforesaid observation and direction, writ
petition stands disposed of.
Free copy of this order be handed over to Mr. S.N.
Nayak, learned counsel appearing for Board of Secondary
Education as well as to Mr. Amit Pattnaik, learned
counsel appearing for opposite party no.1.
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S. N. Prasad, J.
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