The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21600 of 2018 Arundhati Mahana & Anr. …. Petitioners Mr. S.C. Dash, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. H.M. Dhal, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 11.01.2024 Order No 15. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. S.C. Dash, learned counsel for the Petitioners and Mr. H.M. Dhal, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The Petitioners have filed the present writ petition inter alia challenging the communications issued by the District Project Coordinator, SSA, Balasore - Opp. Party No. 4 on 16.08.2018 under Annexure-6 and another communication issued by the Govt.- Opp. Party No. 1 on 15.09.2018 under Annexure-7. 4. It is the case of the case of the Petitioners that Petitioners pursuant to the selection process initiated by the Opp. Parties under Annexure-1 were selected and engaged as Sikshya Sahayaks. It is contended that vide order under Annexure-4 series, the selection and engagement of the present Petitioners in terms of Annexure-1 // 2 // since was made beyond the percentage of reservation so fixed at 50%, some of the unsuccessful candidates placing reliance on the order passed by the Tribunal, wherein the Tribunal had held that reservation cannot exceed 50% and which order was also confirmed by this Court in its Judgment dtd.29.06.2017 in W.P.(C) No. 7504, 3453 and 1593 of 2014, approached this Court in W.P.(C) No. 21050 of 2012, 22234 of 2012 and 22235 of 2012. 4.1. It is contended that the aforesaid three (3) writ petitions in W.P.(C) No. 21050, 22234 and 22235 of 2012 were disposed of by this Court vide order dtd.09.01.2018 inter alia with the following order:- “In view of dismissal of W.P.(C) Nos. 7504, 3453 and 1593 of 2014 vide judgment dated 29.06.2017 and the facts and law involved in the present writ petitions being similar to those writ petitions, wherein we have already held that reservation beyond 50% is not valid, the present writ petitions are disposed of accordingly. The opposite parties are directed to prepare a fresh list keeping in mind the reservation within 50%.” 4.2. It is contended that pursuant to the order passed by this Court on 09.01.2018, Opp. Party No. 4 vide his letter under Annexure-6 sought for clarification from the Govt. with regard to the selection and engagement of the Petitioners and other Sikshya Sahayaks in terms of Annexure-1. It is contended that on receipt of the request from Opp. Party No. 4 under Annexure-6, Govt.-Opp. Party No. 1 vide letter dtd.15.09.2018 under Annexure-7 requested the learned Standing Counsel in the Department of School & Mass Education to file appropriate application in the disposed of writ petitions seeking clarification of this Court. Page 2 of 4 // 3 // 4.3. Learned counsel for the Petitioners contended that since this Court in its order dtd.09.01.2018 held that reservation cannot exceed 50%, Petitioners apprehending their termination in terms of the Judgment and consequential issuance of the letters under Annexure-6 and 7 are before this Court. It is also contended that this Court while issuing notice of the matter, passed an interim order protecting the interest of the Petitioners vide order dtd.04.01.2019 in I.A. No. 18218 of 2018. It is also contended that during pendency of the matter when Petitioners were issued with order of disengagement, Petitioners filed I.A. No. 1938 of 2020. But notice of disengagement so issued was withdrawn by the authority. It is accordingly contended that in terms of the order of engagement issued under Annexure-4 series Petitioners are continuing as on date and in the meantime have been allowed to continue as Jr. Teacher. However, it is contended that in view of the order passed by this Court on 09.01.2018, Petitioners since are apprehending termination, appropriate order be passed in the matter. 5. Mr. H.M. Dhal, learned AGA on the other hand made his submission basing on the stand taken in the counter affidavit so filed by the Opp. Party No. 4. Basing on the counter, it is contended that on preparation of a fresh merit list in terms of the order passed on 09.01.2018, if it will be found that Petitioners will face disengagement, then steps will be taken to absorb the Petitioners in their post. Stand taken in Para 10 of the counter is reproduced hereunder:- “That, it is humbly submitted that further clarification will be sought from the Govt. to absorb the petitioners who are going to be disengaged while implementing the order of Page 3 of 4 // 4 // the Hon’ble High Court to avoid legal complicacies. Proper action will be taken after receiving clarification from the Govt.” 5.1. Learned AGA also contended that the request made by the Department under Annexure-7 has not yet been complied with, with filing of appropriate application in the disposed of Writ Petitions in W.P.(C) Nos. 21050 of 2012 and 22234 and 22235 of 2012. 6. Having heard learned counsel appearing for the Parties and after going through the materials available on record, this Court finds that pursuant to the order passed by this Court on 09.01.2018, fresh select list has not yet been prepared and letters issued under Annexure-6 & 7 has not yet been acted upon. Therefore, the apprehension of the Petitioners that on preparation of fresh merit list, they will face disengagement is completely premature. Therefore, this Court is not inclined to entertain the prayer as made in the writ petition. However, it is observed that on compliance of the direction issued under Annexure-6 & 7, if Petitioners will face any notice of termination, then they will be at liberty to challenge the same by filing appropriate application. 7. Learned AGA is also directed to act upon the request made by the Department under Annexure-7 by filing appropriate application in that regard without any further delay. 8. The writ petition is disposed of with the aforesaid observation and direction. Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jan-2024 10:32:07 Sneha (Biraja Prasanna Satapathy) Judge Page 4 of 4