The High Court of Orissa dismissed a writ petition filed by a petitioner seeking a Constable post under 2006 recruitment, holding that the petitioner failed to secure marks above the cut-off and lacking merit in the prayer.
The writ petition was dismissed. No relief granted.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15524 of 2023
Sarada Prasana Das ….
Petitioner
Mr. B.S. Dasparida,
Advocate
-Versus -
State of Odisha and others …. Opposite Parties
Mr. Ṣ. Das, Additional Government Advocate
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
03.10.2023
Order No.
2.
“It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit the present Writ Petition, call for the records and after hearing the parties and quash the order dated. 2.2.2022 passed by the Opp. Party No.3 under Annexure - 9.
AND
Issue a writ in the nature of Mandamus or/and and other appropriate Writ and Director(s) and/or Order(s) to the Respondents(s) for modifying the list of candidates while considering the case of the petitioner and granting him a post under the original 773 posts under the 2006 Constable
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Recruitment in General category or any other list to suit the Petitioner;
AND
Further pass such other orders as this Hon’ble Court deems fit and proper in the interest of justice and good conscience. And for this act of kindness, the petitioner as in duty bound shall every pray .”
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were selected for OSAP 1st SS Bn, Samalpur. As per the said redrawn select list, the last selected candidate had secured 45 marks. In so far as the petitioner is concerned he is said to have secured 44 marks, which is less than the cut-off marks for UR category in the select list and all subsequent redrawn lists. It is not the case of the petitioner that he had secured more than the cut-off mark. Under such circumstances, the petitioner can hardly be held entitled to the relief claimed as he has failed to secure the required marks for being included in the select list. This Court therefore, finds no merit in the writ petition, which is
dismissed.
( Sashikanta Mishra)
Judge
B.C. Tudu
Signature Not Verified
Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 05-Oct-2023 11:40:25
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3 issues framed by the court
Whether a petitioner who secured marks below the cut-off in a 2006 Constable recruitment can be granted a post from the original 773 general category seats.
Whether the impugned order rejecting the petitioner's representation dated 02.02.2022 should be quashed.
Whether the writ petition challenging the selection list in the 2006 Constable recruitment deserves relief.
Sarada Prasana Das
State of Odisha and others
SASHIKANTA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
