The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6210 of 2024 Ms. Sugynani Panigrahi …. Petitioner State of Orissa and others …. Opposite Parties Mr. O.P. Sahu, Advocate -versus-
Legal Reasoning
Mr. N.K. Praharaj, AGA CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 18.03.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard, learned counsel for the Petitioner as well as learned Additional Government Advocate for the Stat-Opposite Parties. Perused the record. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is, therefore, most humbly and most respectfully prayed that, this Hon'ble Court may graciously be pleased to issue a writ or writs in the nature of a writ of "mandamus" thereby quashing the letter- order no. 4210 dated 11.03.2024 as under Annexure 12 and directing the Opp. Parties to include the periods of service rendered by the Petitioner in Covid-19 healthcare as per the certificate under Annexure 2 and consequently // 2 // award her 5% extra marks as per the Rules, 2022 and consider her candidature for the ongoing process of document verification and eventual the advertisement under appointment as per Annexure - 4; And be further pleased to pass any such other or further order/ orders as would be deemed fit and proper under the facts and circumstances of the present case;” 4. It is submitted by learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing WP(C) No.3709 of 2024 with a prayer for a direction to the Opposite Parties to include the period of service rendered by the Petitioner as Covid-19 Health Worker as per the certificate under Annexure-2 and consequently award her 5% extra weightage mark as per the rules of the year 2022 and accordingly, consider her candidature for selection pursuant to the advertisement under Annexure-4 to the present writ application. This Court vide order dated 21.02.2024 disposed of the said writ application by granting liberty to the Petitioner along with a direction the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-9 to the writ application in accordance with the terms of the advertisement and to take a final decision with regard to the grant of 5% weightage mark to the Petitioner within a period of two weeks from the date of communication of a certified copy of order. Furthermore, while disposing of the writ application this Court also granted liberty to the Petitioner file any additional document in support of his contention while producing the certified copy of order dated 21.02.2024. 5. Learned counsel for the Petitioner further contended that after // 3 // disposal of the earlier writ application, the Petitioner approached the Opposite Party No.3 along with a certified copy of order dated 21.02.2024. The Opposite Party No.3 vide his order dated 11.03.2024 under Annexure-12 rejected the representation of the Petitioner on the ground that the Petitioner had worked for 87 days during Covid- 19 period as a short term Covid-19 Health Worker. Therefore, she was not eligible for the weightage mark as has been provided under the rules of the year 2022. A perusal of the rejection letter further reveals that the additional experience certificate which was produced by the Petitioner was not taken into consideration, as the same was not forwarded by the OSSSC as well as Director, Health & Family Welfare Department, Odisha. Being aggrieved by such rejection order under Annexure-12 to the writ application the Petitioner has approached this Court by filing the present writ application. 6. In course of his argument, learned counsel for the Petitioner also contended that initially the Petitioner was under the impression that the period for which she had worked as a short term Covid-19 Health Worker was sufficient for the purpose of being eligible under the rules to get the 5% weightage mark. Therefore, she did not file the additional experience certificate. It was further contended by the learned counsel appearing for the petitioner that the Petitioner had also worked as a vaccinator during the Covid-19 pandemic and, in support of such contention she has filed the experience certificate which has been marked at Annexure-2 to the writ application. Such experience certificate under Annexure-2 dated 24.11.2022 issued by the Superintendent, CHC, Gallery, Ganjam reveals that the Petitioner // 4 // was engaged under Covid-19 vide order No.12296 dated 12.08.2020 of the CDM & PHO, Ganjam and was working in Covid Care Home, Kullada, Bhanjanagar Block from 12.08.2020 to 28.11.2020. Thereafter, she worked as a Covid vaccinator from 01.04.2021 to 31.10.2022. On a careful examination of the experience certificate under Annexure-2, it is revealed that the Petitioner has worked for more than three months which, as under Rule-3 of the 2022 Rules, is the minimum period for being eligible to get the additional 5% weightage mark. However, such fact has not been taken into consideration while rejecting the representation of the Petitioner. 7. Learned Additional Government Advocate on the other hand contended that the certificate under Annexure-2 was not filed along with his original application. He further contended that the same was neither forwarded by the OSSSC nor by the Director, Health & Family Welfare Department, Odisha. As a result of which the Opposite Party No.3 has not taken note of the aforesaid document. In such view of the matter, learned Additional Government Advocate submitted that the present writ application filed by the Petitioner is devoid of merit as the Petitioner is not eligible in terms of Rule 3 of the Rules of the year 2022. Accordingly, the writ application is liable to be dismissed at the threshhold. 8. Having heard the learned counsels appearing for the respective parties, on a careful examination of the materials on record as well as on a scrutiny of the background facts of the Petitioner’s case, this Court, on a prima facie examination of the experience certificate under Annexure-12 dated 24.11.2022, is of the observation that the // 5 // same has been issued by the Superintendent, CHC, Gallery, Ganjam. Further, such experience certificate clearly reveals that the Petitioner who worked as an ANM was engaged pursuant to the order passed by the CDM & PHO that is the present Opposite Party No.3 himself vide his order No.12296 dated 12.08.2020 as a Covid-19 Health Worker. Thereafter, she was working as a Covid-19 vaccinator from 01.04.2021 to 31.10.2022. In the aforesaid factual background, this Court is of the considered view that such facts are a matter of record and available to the Opposite Party No.3 to be considered by him while considering the case of the Petitioner and disposing of the representation of the Petitioner. On perusal of the impugned rejection order under Annexure-12, it appears that the Opposite Party No.3 has not taken into consideration the aforesaid experience certificate on the ground that the same was not forwarded by the OSSSC as well as the Director, Health & Family Welfare Department, Odisha. In such view of the matter this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the OSSSC along with the certified copy of today’s order within ten days from today. In such eventuality, the Opposite Party No.2 shall verify the certificate under Annexure-2 and, in the event it is found that the same is genuine, the Opposite Party No.2 shall do well to forward the same to the Opposite Party No.3. In such eventuality, the Opposite Party No.3 shall consider the case of the Petitioner by taking into consideration the experience certificate under Annexure-2 to the writ application and take a final decision in the matter within a period of four weeks from the date of receiving such communication from the Opposite Party No.2. The // 6 // final decision so taken be communicated to the Petitioner within two weeks from the date of taking such decision. 9. With the aforesaid observation/direction, this writ petition stands disposed of. S.K. Rout ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Mar-2024 20:01:33