The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.3246 & 3257 of 2025 W.P.(C) No.3246 of 2025 Manoj Kumar Martha & Others …. Petitioners Mr. K. K. Swain, Advocate -versus- Odisha Staff Selection Commission, BBSR & Others …. Opposite Parties
Legal Reasoning
Mr. S. Das, ASC Mr.S.N. Pattnaik, Adv. for Commission CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 31.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed by the Petitioners inter alia with the following prayer:- “Under the above circumstances, it is humbly prayed that the writ petition may be allowed; And (A) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties to accept the online / offline application of the petitioners for the posts of TGT Arts, TGT Science the Advertisement No.4231/OSSC dated 22.10.2024 issued by the (PCM) and TGT Science (CBZ) pursuant to // 2 // Odisha Staff Selection Commission, Bhubaneswar under Annexure:1 as the last date for submission of online application has been extended to 08.02.2025 as per Annexure:6 and thereafter they may be allowed to appear in the selection test notwithstanding publication of their result in final year B.Ed. Examination, within a time to be stipulated by this Hon’ble Court; (B) And any other order orders direction / directions may be issued so as to give complete relief to the petitioners; And for this act of kindness, the petitioners as in duty bound shall remain ever pray”. 4. It is not disputed by the Petitioners that both of them though have appeared the B.Ed. examination through IGNOU, but their result has not been published as yet and accordingly they have been debarred from making the application in terms of the advertisement issued by the Commission on 22.10.2024 under Annexure-1. 4.1. It is contended that since the Petitioners have already taken the B.Ed. examination through IGNOU in the month of December and the result is going to be published shortly, they should be allowed to participate the selection process. 4.2. In support of his submission, learned counsel appearing for the Petitioner relied on the earlier resolution issued by the Government in the School & Mass Education Department on 27.10.2024 under Annexure-4 and decisions of the Hon’ble Apex Court in the case of Nilay Rai & Others vs. Bar Council of India, Writ Petition (Civil) No.577 of 2024 under Annexure-5 4.3. Placing reliance on the resolution available under Annexure-4 and the decision rendered by the Hon’ble Apex Page 2 of 5 // 3 // Court under Annexure-5, it is contended that Petitioners be allowed to take the examination and be permitted to make the application as the last date for making such application has been extended to 08.02.2025. 5. Mr. S.N. Pattnaik, learned counsel for the Commission on the other hand placing reliance on the decision in the case of Ashok Kumar Sonkar vs. Union of India (UOI) & Others in Civil Appeal No.4761 of 2006 decided on 23.02.2007 contended that since as on the date of making the application, Petitioners do not have the eligibility, they are not eligible to participate the selection process. Para-8 & 11 of the said judgment reads as follows:- [(2000) 5 SCC 262], “8. In Bhupinderpal Singh & Others v. State of Punjab & Others this Court moreover disapproved the prevailing practice in the State of Punjab to determine the eligibility with reference to the date of interview, inter alia, stating : "13. Placing reliance on the decisions of this Court in Ashok Kumar Sharma v. Chander Shekhar, A.P. Public Service Commission v. B. Sarat Chandra, District Collector and Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi, Rekha Chaturvedi v. University of Rajasthan, M.V. Nair (Dr) v. Union of India and U.P. Public Service Commission U.P., Allahabad v. Alpana the High Court has held (i) that the cut-off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules and if there be no cut-off date appointed by the rules then such date as may be appointed for the purpose in the advertisement calling for applications; (ii) that if Page 3 of 5 // 4 // there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority. The view taken by the High Court is supported by several decisions of this Court and is therefore well settled and hence cannot be found fault with. However, there are certain special features of this case which need to be taken care of and justice be done by invoking the jurisdiction under Article 142 of the Constitution vested in this Court so as to advance the cause of justice." [See Jasbir Rani and Others v. State of Punjab & Another [JT 2001 (9) SC 351 : (2002) 1 SCC 124].” xxx xxx xxx 11. Possession of requisite educational qualification is mandatory. The same should not be uncertain. If an uncertainty is allowed to prevail, the employer would be flooded with applications of ineligible candidates. A cut-off date for the purpose of determining the eligibility of the candidates concerned must, therefore, be fixed. In absence of any rule or any specific date having been fixed in the advertisement, the law, therefore, as held by this Court would be the last date for filing the application”. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court though is not inclined to entertain the Writ Petition with the prayer as made, but grant liberty to the Petitioners to move an appropriate application before Opposite Party No.2 for consideration of their grievance as made in the Writ Petition. It is observed that if any such application is moved by 03.02.2025, decision be taken before 08.02.2025 with due communication. Page 4 of 5 // 5 // 7. With the aforesaid observations and directions, the Writ Petition stands disposed of. Photocopy of the order be placed in the connected case 8. records. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jan-2025 16:47:57 Page 5 of 5