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Manas Ranjan Sahoo v. Govt. of Odisha

Orissa HC24 Apr 2023WP(C)/36591/2022

Case brief

AI extract

What is this about?

Writ petition challenging rejection from Initial Appointee Teacher appointment list due to alleged deficiency in Bachelor Degree. The High Court found the rejection ground unsustainable based on its prior order confirmed by Writ Appellate Court, directing the opposite party to consider the petitioner for appointment within two months if eligible.

What did the court decide?

Opposite Party No.2 directed to consider the petitioner's claim for appointment within two months and provide appointment if otherwise eligible.

Manas Ranjan Sahoo Vs Govt. of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.36591 of 2022

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Manas Ranjan Sahoo

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…. Petitioner

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Mr. Satyabrata Mohanty, Advocate

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-versus-

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Govt. of Odisha and Others

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…. Opposite Parties Mr. S.K. Samal, AGA

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

24.04.2023

Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard Mr. Mohanty, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate for the State.

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3. The petitioner has filed the present Writ Petition challenging the non-consideration of his case for his appointment as an Initial Appointee Teacher, pursuant to the advertisement issued by the Opposite Party No.2 on 23.12.2021 under Annexure-1. Learned counsel for the Petitioner contended that even though the petitioner fulfill all the eligibility criteria and accordingly made his application but his name when was included in the reject list, on the ground that the petitioner is not having two school subjects in Bachelor Degree as prescribed vide Annexure-5. The petitioner though filed his objection under Annexure-6 on 23.05.2022 by clarifying the

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position, but it is contended that no decision was taken on the claim of the petitioner. Mr. Mohanty, learned counsel for the petitioner also contended that similar issue was before this Court in various Writ Petitions and when learned Single Judge allowed similar nature of claim, the matter was carried by the State Opposite Party in Writ Appeal No.1321 of 2022 and batch. It is contended that the Writ Appellate Court vide order dated 04.04.2023, has confirmed the order passed by the learned Single Judge in similar issue. It is accordingly contended that in view of such confirmation by the Writ Appellate Court the ground on which the claim of the petitioner has been rejected, is no more sustainable and the claim of the petitioner for his appointment is liable for consideration by the Opposite Party No.2

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4. Mr. S.K. Samal, learned Addl. Govt. Advocate did not dispute the issue decided by this Court and subsequently confirmed by the Writ Appellate Court in W.A. No.1321 of 2022 and batch.

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5. Having heard learned counsel for the parties and after going the materials available on record, it is found that the ground on which the claim of the petitioner rejected vide Annexure-5 is no more sustainable in view of the order passed by this Court and confirmed by the Writ Appellate Court as cited supra. In view of the same, this Court while disposing the Writ Petition directs Opposite Party No.2 to consider the claim of the petitioner

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and on such consideration if it is found that the petitioner is otherwise eligible, appropriate steps be taken by providing appointment to the petitioner. Such exercise shall be undertaken and completed within a period of two months from the date of receipt of this order.

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6. The Writ Petition is accordingly disposed of.

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(Biraja Prasanna Satapathy)

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Judge

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Basudev

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Manas Ranjan Sahoo v. Govt. of Odisha

Case brief

What is this about?

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Manas Ranjan Sahoo v. Govt. of Odisha

Case brief

What is this about?

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