The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.17563 of 2023 Kalpana Dalei …. Petitioner Ms. S. Mishra, Adv. -versus- State of Odisha & Others …. Opp. Party Mr. P.K. Panda, ASC Mr. S. Das, Adv. (for O.P. No.4) THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY COROM: ORDER 06.03.2025 Order No 1. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for the Petitioner. 3. The present Writ Petition is filed inter alia with the following prayer: nature the quashing
Legal Reasoning
“That the Petitioner therefore prays that your Lordships may graciously be pleased to allow the writ application, call for the record from the opposite parties, after hearing the parties, of in issue writ/writs certiorari/mandamus the Order/Notice No.4382 dt.18.05.2023 under Annexure-4 passed by O.P. NO.3 so far as Roll NO.PPSAN 00095720 is concerned and be pleased to direct the O.P. NO.3 to accept the certificate of Master of Science degree in Life Institute of Science Technology, Rourkela and after verifying it allow the Petitioner to participate in the interview process for recruitment of Assistant issued by National // 2 // Professor (Stage-I, Zoology in the interest of justice and may pass any other Order/Orders as the Hon’ble Court may deem fit and proper. 4. It is contended that Pursuant to the advertisement issued by the Orissa Public Service Commission (in short “the Commission”) vide Advertisement NO.14 of 2021-22 under Annexure-1, Petitioner made the application as against the post of Asst. Professor(Zoology). 4.1. It is contended that for the post of Asst. Professor in different discipline which includes Zoology, the prescribed qualification is provided under Para 4. Para 4 of the advertisement reads as follows: 4. A candidate must:- for the (A ) possess a Master’s Degree, with at least 55% of marks or its equivalent grade, in the concerned/relevant/allied subject from an Indian University or an equivalent degree from a Foreign University. that Provided candidates belonging to Scheduled Caste, Scheduled Tribe, SEBC & Persons with Disabilities categories, the requirement of securing at least 55% marks shall be reduced to 50% marks or its equivalent grade. (B) have cleared National Eligibility Test (NET) meant Assistant Professor(Stage-I) or must have acquired a Ph. D. Degree in the concerned/relevant/allied subject from an Indian University or a Foreign University. appointment for 4.2. It is contended that since a candidate in order to be eligible is required to possess Master’s Degree with 55% of marks or its equivalent grade in the concerned/relevant/allied subject and Petitioner as found from the certificate available at page 31 read with the supplement issued by the University at page 33 of the Page 2 of 7 // 3 // brief vide Annexure-2 series possesses the qualification of Master’s degree in Life Science (Zoology). 4.3. It is also contended that taking into account the fact that the Petitioner has acquired the qualification of M.Sc,Life Science in Zoology, she has also been appointed as a Lecturer in Zoology by the Government in the Department of Higher Education vide the order available under Annexure-6 dt.27.11.2019. 4.4. It is also contended that candidates possessing similar M.Sc. Life Science (Botany) as like the Petitioner were not only allowed to participate in the selection process, but also they were selected and recommended by the Commission vide Annexure-8 notice dt.14.08.2023. 4.5. It is contended that taking into account the stand taken by Opp. Party No.4 in its counter affidavit at para- 4, candidates having M.Sc Life Science(Botany) since have been selected and recommended as against the post of Asst. Professor (Botany), rejection of the Petitioner’s claim on the ground reflected in Annexure-4 notice dt.18.05.2023 is not sustainable in the eye of law.
Legal Reasoning
4.6. It is contended that since in terms of Para-4 of the advertisement, Petitioner has the required qualification of M.Sc. Life Science (Zoology) and candidates having M.Sc Life Science (Botany) have been favoured with by the Commission, the ground on which the candidature Page 3 of 7 // 4 // of the Petitioner was rejected is not sustainable in the eye of law. 4.7. It is also contended that by virtue of interim order passed by this Court Petitioner not only participated in the selection process but also she has also qualified having secured the cut-off mark as reflected in order dt.06.04.2024 of this Court. It is contended that since the Petitioner has qualified and she does have the required qualification, the Commission be directed to recommend her name as against the post in question. 4.8. It is also contended that this Court while issuing notice of the matter vide order dt.30.05.2023 had directed not to fill up one (1) post of Asst. Professor(Zoology) without leave of this Court. 5. Mr. A. Behera, learned counsel appearing for the OPSC on the other hand while supporting the rejection on the ground indicated in Annexure-4, contended that in the certificate issued by the University vide Annexure- 2 series available at Page Nos.32 though it is not disputed that Petitioner does possess the qualification of M.Sc Life Science(Zoology), but since in the mark sheet issued by the University, nothing has been indicated as to which are the subjects relatable to the subject Zoology, the subject expert opined that Petitioner does not have the required qualification and accordingly, her claim was rejected. It is accordingly contended that Petitioner’s claim has been rightly Page 4 of 7 // 5 // rejected. However, it is not disputed that Petitioner by virtue of the interim order passed has participated in the selection process and has qualified having secured the cut-off mark as against the post of Asst. Professor in the discipline Zoology. 6. Mr. Subasish Das, learned counsel appearing for the University-Opp. Party No.4 on the other hand contended that Petitioner though prosecuted M.Sc. Life Science, but it is in the subject Zoology. Accordingly, the supplkement was issued vide Annexure-2 series available Page 33. It is also contended that the subjects taken up by the Peitotner in the 3rd Semester are the subjects relatable to the subject Zoology. The stand taken by Opp. Party No.4 in para 4 of the Counter reads as follows: 4. That it is respectfully submitted that the National Institute of Technology (NIT), Rourkela, being an educational institution imparts various courses including “Life Science” for the award of Master Degree in various subjects. Besides, the institution being an autonomous organization and deemed to be an University is vested the powers to award degree certificates in convocation held in each academic session. While the matter stood thus, it was decided by the Syndicate vide 52nd senate meeting held on 25.03.2015 to mention in the Degree certificate issued to student of “Life Science” subject as specialization in either Botany or Zoology depending upon the elective course taken by a student which was not in practice earlier. Accordingly, students prosecuting study in Life Science subject who had passed earlier have been issued with a supplement to the degree certificate indicating the specialization either in Zoology or Botany as the case may be, as has been done in the case of the Petitioner since she Page 5 of 7 // 6 // had completed her course in 2014 and the degree in Life Science was awarded on 17.01.2015, on the basis of the aforesaid senate decision which was later on placed before the Board for perusal. 7. Having heard learned counsel for the parties and considering the submission made, this Court finds that for recruitment to the post of Asst. Professor in different discipline, the Commission issued the advertisement under Annexure-1. For the post of Asst. Professor, the prescribed qualification is M.Sc with at least 55% of marks or its equivalent grade, in the concerned /relevant/allied subject. As found from the record, Petitioner has passed M.Sc. Life Science (Zoology) from NIIT, Rourkela, Opp. Party No.4. 7.1. Considering the stand taken by the University in para 4 of the counter and the fact that candidate with having M.Sc. Life Science(Botany) have been selected and recommended by the Commission as reflected in Annexure-8 and the fact that Petitioner has been appointed as a Lecturer in Zoology vide order issued by the Government in the Department of Higher Education on 27.11.2019 under Annexure-6, it is the view of this Court that Petitioner does have the required qualification as against the post of Asst. Professor (Zoology) and the ground on which her claim was rejected by the Commission vide Annexure-4 is not sustainable . Page 6 of 7 // 7 // 7.2. Therefore, this Court while quashing the rejection of the Petitioner’s candidature on the ground indicated in Annexure-4 and the fact that she has already qualified in the written test which is apparent from the order passed by this Court 06.12.l2024, this Court
Decision
while disposing the Writ Petition directs the Commission to recommend the Petitioner’s name as against the post of Asst. Professor (Zoology). Considering the interim order passed on 30.05.2023, this Court also directs Opp. Party No.1 to provide appointment to the Petitioner on receipt of such recommendation from the Commission. The Commission is directed to recommend the name of the Petitioner within a period of two (2) weeks from the date of receipt of this order. Opp. Party No.1 is directed to issue necessary order of appointment on receipt of such recommendation within a further period of four(4) weeks. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 08-Mar-2025 15:35:18 Page 7 of 7