Monalisha Sarangi v. State of Orissa
Case brief
What is this about?
Writ petition by applicants claiming non-selection for teacher posts. Court held writ not maintainable as posts are under State Government, not UORV Act. Disposed of; does not bar approach to appropriate forum with advice. Single judge order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.11964 of 2007
- 12.11.2018 Due to cease work call given by Orissa High Court Bar Association, none appears for the parties.
Perused the record. The petitioners have filed the writ petition to quash notice under Annexure-1 dated 18.09.2007 by which the authorities have selected candidates provisionally for the post of teachers under ST and SC Development Department of Jajpur District. They further seek for direction to opposite parties no.3 and 4 to select the Matric CT teachers by following the provision of O.R.V. Act, 1975 and other reservation provisions.
Pursuant to advertisement issued, the petitioners applied for appointment of Trained Graduate Teachers under ST and SC Development Department in Jajpur district. Since they have not been selected, they have approached this Court by filing the writ petition.
On perusal of the writ petition, it appears that in Annexure-2 the advertisement, District Office, Jajpur invited applications for appointment/engagement of Trained Graduate Teachers/I.A./I.Sc. C.T. Teacher/ Mistress on consolidated remuneration and Matric CT Teachers/Mistress on regular scale of pay under the educational institution functioning under ST & SC Development Department in Jajpur District.
Since the petitioners claim recruitment to the posts of Trained Graduate Teacher/ I.A./I.Sc. C.T. Teacher/Mistress on consolidated remuneration and Matric CT Teachers/Mistress on regular scale of pay under the educational institution functioning under ST & SC Development Department in Jajpur District under the State
Government, the writ petition is not maintainable. Accordingly, the same is disposed of. However, disposal of the writ petition does not preclude the petitioners from approaching the appropriate forum ventilating their grievances, if they are so advised.
Issues for consideration
2 issues framed by the court
Whether a writ petition challenging non-selection of applicants for teacher posts under ST and SC Development Department is maintainable.
Whether this Court has jurisdiction to direct authorities to select teachers following O.R.V. Act, 1975 and reservation provisions.
Parties & counsel
- petitioner
Petitioners
- respondent
Opposite Parties 3 and 4
Coram
Dr. B.R. Sarangi
Case details
As recorded by the court registry
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