The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19976 of 2022 Manasmita Behera …. Petitioner Mr. J.K. Khuntia, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. R.N. Mishra, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 20.04.2023 Order No 14. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard Mr. J.K. Khuntia, learned counsel for the Petitioner and Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The Petitioner is aggrieved by the non-consideration of her candidature for the post of Initial Appointee Teacher pursuant to the Notification issued by the Govt. on 23.12.2021 under Annexure-2. 4. It is contended that after such submission of her application the Petitioner was asked to appear the Computer Based Test vide Annexure-4. Subsequently vide Annexure-5, Petitioner was intimated to have scored 98.3348334 percentile mark and vide Annexure-6 Petitioner was directed to appear on 30.04.2022 for verification of her documents to determine the eligibility of the Petitioner for the post in question. The Petitioner got all her documents verified on 30.04.2022 as per Annexure-7. In spite of such verification of the documents when the Petitioner’s name was // 2 // included in the reject list vide Annexure-8 notice dtd.19.05.2022, the Petitioner complied the same by filing her objection under Annexure-9 on 21.05.2022. 4.1. It is contended that the Petitioner’s case was included in the reject list only on the ground that the Petitioner has not produced the semester wise mark sheet in respect of her B.Ed. qualification. 4.2. Learned counsel for the Petitioner contended that on coming across the notice dtd.19.05.2022 the Petitioner while making her objection under Annexure-9 once again produced the semester wise mark sheet of the B.Ed. examination which she had already enclosed along with her application and the same was also verified by the authority on 30.04.2022. It is contended that in spite of submission of her objection along with semester wise mark-sheet, the Petitioners’ case was never considered and accordingly the present Petitioner is before this Court with a prayer to direct the Opp. Parties to consider her case and provide her appointment as an Initial Appointee Teacher pursuant to Notification dt.23.12.2021. 5. Even though a counter affidavit was originally filed by the Opp. Parties, but this Court on not being satisfied with the grounds taken in the counter, when asked the authorities to clarify their position, an affidavit was filed by the O.P. No. 3 on 10.04.2023. In the said affidavit the following stand has been taken by the O.P. No. 3 in Para 5, 6 & 7:- “5. That it is a fact that the Petitioner was an applicant for the post of Initial Appointee Teacher under TGT (Arts.) Category pursuant to the advertisement dated 23.12.2021 for the year 2021, but at the time of verification of document which was held on 30.04.2022 she was unable to submit the Page 2 of 5 // 3 // Semester wise mark sheet of B.Ed. Course, for which her application was rejected under Annexure-8, where the name of the Petitioner fine place at Sl. No.27. 6. That it is also a fact that on 21.05.2022 the Petitioner has submitted certain documents, wherein it has been clearly indicated even though the Petitioner qualified the OSSTET Qualification under SEBC Category, but she applied for the post of Initial Appointee Teacher under General Category and since passing of mark under both SEBC as well as General Category are fixed separately by the Board of Secondary Education, Odisha and admittedly the application submitted by the Petitioner under General Category, but she has submitted the OSSTET Certificate which is meant for SEBC Category, therefore she was not found suitable for the said post. 7. That it is submitted with regard to the document annexed to the Additional Affidavit under Annexure-12 Series is concerned, it is pertinent to mention here that the said documents produced by the Petitioner under Annexure-12 Series was not produced at the time of verification of documents by the Petitioner, for which the Verifying Authority on 21.05.2022 while rejecting the candidature of the Petitioner it is clearly mentioned that the Petitioner has not submitted the Semester wise Mark sheet of B.Ed. Course, so also she has produced the OSTET Certificate which is meant for SEBC Category, but she has applied under the General Category.” 5.1. Mr. Mishra, learned AGA contended that the Petitioner since along with her objection has not filed the semester wise mark-sheet of the B.Ed. course so also the OSSTET certificate which is meant for SEBC category, the case of the Petitioner was not considered. It Page 3 of 5 // 4 // is accordingly contended that no illegality has been committed in not considering the case of the Petitioner. 6. Having heard learned counsel appearing for the Parties and after going through the materials available on record, it is found that the Petitioner with having her B.Ed. qualification, made her application for the post of Initial Appointee Teacher vide Annexure-3. After entertaining her application, the Petitioner was asked to appear the Computer based Test and on qualifying the test, Petitioner vide Annexure-6 was directed to appear for verification of documents on 30.04.2022. The Petitioner also got her documents verified on 30.04.2022 under Annexure-7. As reflected in Annexure-7, the Petitioner produced the original mark-sheet of her B.Ed. qualification so indicated in Sl. No. 16 of the check list under Annexure-7. In spite of producing such original mark-sheet when her name was included in the reject list on the ground that he has not produced the semester wise mark-sheet of her B.Ed. qualification, the Petitioner again submitted the same along with her objection on 21.05.2022 under Annexure-9. The Petitioner has also filed before this Court the copy of the said mark-sheet obtained from Sri Venketeswara University under Annexure-12. 6.1. Therefore, the plea taken by the Opp. Parties that the Petitioner since did not submit the semester wise mark-sheet, her case was not considered in addition to another ground that she did not produce the OSSTET certificate which is meant for SEBC category, this Court is unable to accept such contention of the Opp. Parties. It is also found that while rejecting her application vide notice under Annexure-8, there is no indication with regard to non-filing of the OSSTET certificate by the Petitioner and the only ground on which Page 4 of 5 // 5 // the candidature was rejected is non-production of the semester wise mark-sheet in respect of her B.Ed. qualification. 6.2. In view of the same and since the Petitioner has already produced the semester wise mark-sheet in support of her B.Ed. qualification vide Annexure-9 along with her objection, this Court
Decision
while disposing the writ petition, directs the O.P. No. 2 to consider the case of the Petitioner by accepting the mark-sheet so submitted by the Petitioner along with her objection under Annexure-9. This Court directs the said Opp. Party to take a decision on the claim of the Petitioner within a period of two (2) months from the date of receipt of this order. On such consideration if it is found that the Petitioner is otherwise eligible, consequential action to provide her appointment as an Initial Appointee Teacher be also taken within the aforesaid time period. 7. The writ petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge Sneha Page 5 of 5