High CourtsSingle Bench(2021) 12 OHC CK 0070

Lipsarani Sahu vs Commissioner Cum Secretary, ST/SC Development Department Odisha And Others

Orissa High Court · Decided on 9 December 2021

HON’BLE JUDGES
A.K.Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition Civil (OAC) No. 584 Of 2019

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Not yet generated for this judgment

Judgment

10 paragraphs · 439 words

A.K.Mohapatra, J

1.

Heard learned counsel for the parties.

2.

The short grievance of the Petitioner in the present writ petition is that although she was selected and her name had been included in the merit list under the unreserved category with total percentage of marks of 222.22 and the name of Opposite Party No.4 also finds place under the unreserved category with a total percentage of marks of 220.26 for the post of IACT Teacher in SSD Department of Kandhamal district.

3.

It is submitted by learned counsel for the Petitioner that she only came to know about her position in the aforesaid selection after publication of the final list of selected candidates on 28th February, 2019, wherein Opposite Party No.4 has been included in the final list of selected candidates for the post of IACT teacher, whereas the name of the

Petitioner has not been included in the said list. Although she has secured more percentage of marks than the Opposite Party No.4 and earlier her name was included in the merit list. In her representation dated 25th February, 2019 before the Collector & District Magistrate, Kahdhamal, Phulbani-Opposite Party No.2, she has asserted that she had attached 2 envelops (self addressed) with the application. However, no notice was received by her. Further she has stated that she came to know about selection after publication of the final result on 21st February, 2019, by then, the final selection had already taken place.

4.

Learned counsel for the Petitioner further submits that the representation dated 25th February, 2019 submitted by her is still pending before the Collector & District Magistrate, Kandhamal for consideration. In such view of the matter, let the Collector & District Magistrate, Kandhamal-Opposite Party no.2 take a final decision on the representation of the Petitioner dated 25th February, 2019 by affording an opportunity of hearing to the Petitioner to explain her difficulty. In the event Opposite Party No.2 comes to a conclusion that the final selection list needs to be interfered with then in such eventuality, Opposite Party No.4 also be noticed before taking a final decision in the matter. Let the entire exercise be completed within a period of four weeks from the date of production of certified copy of this order by the Petitioner.

5.

This Court observes that the interim order dated 7th March, 2019 passed earlier shall continue till disposal of the representation of the Petitioner by the Opposite Party No.2

6.

It is made clear that the Court has not expressed any opinion on the merits of the matter.

7.

With the aforesaid observation, this writ application stands disposed of.

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