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8.4 Document verification After publication of the draft merit list, all candidates in the said list will be called for verification of original documents at their respective district headquarters. All documents required for verification will be notified by OSEPA in the detailed advertisement in OSEPA website.

During document verification, if any candidate is not able to produce the essential document(s) in support of his/her claim of the Social/Special category/Age proof/Academic & Training qualification/RCI registration certificate as per information provided in the application form, the candidature will be rejected and his/her name will be marked as deleted in the draft merit list. The candidates have to produce the Academic and Training qualification/RCI registration certificate (in case of Special Education Candidates) acquired/issued on or before the last date of submission of online application.

8.5 Preparation of District wise Provisional Merit List and Approval // 10 // Provisional merit list will be prepared after document verification of the candidates placed in the draft merit list. Then objections will be invited from the candidates who are placed in the provisional merit list and rejection list. The provisional merit list will be approved by the Competent Authorities at respective districts after verification of the original documents and inviting objections from candidates within specific time period as mentioned in the calendar of activities issued by the School & Mass Education Department. 8.6 Publication of District wise Final Merit List District wise final merit list will be published at concerned District websites as well as OSEPA website after approval by the Competent Authority. 8.7 Counselling The candidates will be called for allocation of schools through counseling by respective districts. Separate notifications will be issued and displayed by respective districts in their District websites as well as OSEPA website. Vacancies remain due to unavailability of eligible candidates, rejection and non-joining will be carried forward and recruitment will be done subsequently as per requirement. There will be no waiting list." 2.3. Placing reliance on the provisions contained under Para 8 of the resolution, learned counsel appearing for the Petitioners contended that as provided under Para 8.1, after expiry of last date of submission of online application form, list of the candidates for each category with respect to their first preference district as submitted by them at the time of submission of application form will be published in OSEPA website. Information on subsequent preference district of each candidate will be available in OSEPA website on search. After such publication of the Master list, as provided under Para 8.2, an online Computer Based Test // 11 // will be conducted by OSEPA/ an authorized agency as per the syllabus contained in the advertisement to be published before the recruitment. It is contended that after publication of the Master list in terms of the provisions contained under Para 8.1 of the Resolution, the Computer Based Test was conducted by an agency namely EdCIL (India Limited), which is a 'Mini Ratna', Category-I CPSE, Govt. of India. 2.4. It is contended that after conduct of such Computer Based Test by the aforementioned agency, as provided under Para 8.3 of the resolution, a district wise and category wise draft merit list is required to be published in OSEPA Website. As further provided under Para 8.3, draft merit list should be prepared taking into consideration all district preference submitted by individual candidates in order of preference followed by merit rank i.e. for a particular district. After exhausting all candidates having 1st preference, subsequent preference will be considered. It is also indicated in Para 8.3 that for a particular post, in a Category within district, district preference will be preferred over merit. 2.5. It is contended that as provided in the resolution a candidate with having the requisite eligibility can make his application for both Category 1 and Category 2, but the fact remains that after conduct of the Online Computer Based Test as provided under Para 8.2, district wise and category wise draft merit list was to be published by OSEPA // 12 // in its website in terms of the provisions contained in Para 8.3. But without complying the provisions contained under Para 8.3 of the resolution, when the impugned draft result sheet of Junior Teacher (Schematic)-2023 was published in the OSEPA website under Annexure-6, but not in terms of the provisions contained under Para 8.3 of the resolution, all these present batch of writ petitions including the present writ petition was filed challenging such illegal action of OSEPA in not adhering to the provisions contained under Para 8.3. 2.6. It is contended that since as provided under Para 8.3 of the resolution under Annexure-1, Opp. Party No. 2 was required to publish district wise and category wise merit list taking into consideration all district preference submitted by individual candidates in order of preference followed by merit rank for a particular district, the draft result sheet published under Annexure-6 series is not in terms of the provisions contained under Para 8.3. It is accordingly contended that such a draft merit list published by OSEPA under Annexure-6 is not sustainable in the eye of law.

For better appreciation, provisions contained under Para 8.4, 8.5, 8.6 and 8.7 of the resolution dtd.22.08.2023 under Annexure-1 are reproduced hereunder:-

"8.4 Document verification After publication of the draft merit list, all candidates in the said list will be called for verification of original documents at their respective district headquarters. All documents required for verification will be notified by OSEPA in the detailed advertisement in OSEPA website.

8.3. However, since by the time this Court took up the matter on 19.01.2024, Opp. Party No. 2 had already fixed the date of verification // 45 // of documents of the candidates so enlisted in the impugned draft result sheet published under Annexure-6 series fixing 20.01.2024 for verification of documents of Category-1 and 21.01.2024 for verification of documents of Category-2, vide notice dtd.16.01.2024/17.01.2024 under Annexure-A/2 to the affidavit of Opp. Party No. 2, this Court while restraining the Opp. Party No. 2 from publishing the final select list, permitted to go for verification of documents so fixed to 20 th & 21st of January, 2024.