State of Odisha Vs Chintamani Bhuian — Orissa HC (2024) — LawSathi Research

State of Odisha Vs Chintamani Bhuian — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Clarification granted: Clause-8.7 of the Government Resolution dated 10.09.2023 shall not bar OSEPA from making recommendations and the concerned department from making appointments against unfilled advertised vacancies based on the respective merit of the candidates; the State of Odisha/OSEPA shall consider the merit of the aspirants whether or not they had approached the Court.

Issue for consideration

Whether parties to the proceedings who are not being considered for appointment against the left-over vacancies despite paragraph-65 of the judgment dated 18.06.2024 are entitled to consideration, notwithstanding that the Government Resolution (Clause-8.7) contained no waiting-list provision. +1 more

Court's answer

Clause-8.7 of the Government Resolution dated 10.09.2023 shall not come in the way of the OSEPA making recommendations and the concerned department making appointments against unfilled vacancies based on the respective merit of the candidates, against the posts which were advertised.

Ratio / Principle

The State of Odisha/OSEPA shall consider the merit of the aspirants irrespective of the fact whether they had approached the Court or not.

Detailed headnote1 paragraphs

Orissa High Court, Cuttack (Division Bench: Chakradhari Sharan Singh, CJ and M.S. Raman, J) — W.A. No. 712 of 2024, order dated 23.12.2024 — Interlocutory Applications (I.A. Nos. 7964, 8547, 8555, 8561, 8568, 8567 of 2024) seeking clarification of the judgment dated 18.06.2024 concerning selection to the post of Junior Teacher (Schematic) under the Government Resolution dated 10.09.2023 issued by the Odisha School Education Programme Authority (OSEPA) — Certain parties not considered for appointment against left-over vacancies despite paragraph-65 of the said judgment, the State relying on Clause-8.7 of the Resolution which contains no waiting-list provision — Admitted position that thousands of advertised posts remain vacant — Held: (i) Clause-8.7 shall not come in the way of OSEPA making recommendations and the concerned department making appointments against unfilled vacancies based on the respective merit of the candidates, against the posts which were advertised; (ii) the State of Odisha/OSEPA shall consider the merit of the aspirants irrespective of whether they had approached the Court — Interlocutory applications disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No. 712 of 2024

State of Odisha and another

…. Appellants

Mrs. Suman Pattanayak, Additional Government Advocate -versus-

Chintamani Bhuian and others

…. Respondents Mr. Sameer Kumar Das, Advocate Mr. Budhadev Routray, Senior Advocate & Mr. J. Biswal, Advocate Mr. Sourav Das, Advocate Mr. Biswa Chandan Mohanty, Advocate Mr. Dinesh Kumar Panda, Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

23.12.2024

I.A. Nos.7964, 8547, 8555, 8561, 8568, 8567 of 2024

This matter is taken up through Hybrid mode.

In relation to the process of selection for appointment to the post of Junior Teacher (Schematic) initiated with the issuance of the Government Resolution dated 10.09.2023 by the Odisha School Education Programme Authority (OSEPA), we had delivered a judgment on 18.06.2024, the operative portion of which reads thus:

“65. In view of the admitted fact that score of the writ petitioners in the online CBT is less than the minimum marks scored by candidates declared successful by the

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OSEPA, subject-wise/ category-wise, we allow the StateAppellants to appoint such candidates taking into account their merit based on the score in CBT, and district-preference for the purpose of allocation a district. It goes without saying that the cases of the writ petitioners shall be considered against the left-over vacancies in terms of the direction as above.”

The present interlocutory applications have been filed seeking clarification to the said order/judgment on behalf of some of the parties to the said proceeding who are not being considered for appointment against the left over vacancies despite the observation made in paragraph-65 of the said judgment dated 18.06.2024.

It appears that the cases of such candidates are not being considered by the State-appellants on the ground that there was no provision for waiting list in the concerned Government Resolution as mentioned in Clause- 8.7 thereof.

It is an admitted position that thousands posts of Junior Teacher (Schematic), which were advertised, pursuant to which the respondents had applied, are still vacant.

In such view of the matter, we clarify that the said provision in Clause- 8.7 of the Resolution shall not come in the way of the OSEPA in making recommendations and the concerned department making appointments against unfilled vacancies based on the respective merit of the candidates, against the posts which were advertised.

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We further clarify that the State of Odisha/ OSEPA shall consider the merit of the aspirants, irrespective of the fact whether they had approached this Court or not.

The interlocutory applications stand disposed of.

(Chakradhari Sharan Singh) Chief Justice

(M.S. Raman) Judge

S. Behera

Signature Not Verified

Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Dec-2024 08:55:52

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