Disposed

Subhashree Swain v. State of Orissa

Orissa HC28 Aug 2024WP(C)/21029/2019

Case brief

AI extract

What is this about?

Writ petition challenging exclusion of the petitioner from a final merit list for Contractual Trained Graduate Teacher posts, on the ground that her B.Ed. college was not in the NCTE affiliation list. In light of the State's counter affidavit acknowledging reciprocal recognition by the University of Kashmir, the court directed a fresh decision on her appointment claim within two months.

What the court decided

AI extract

Subhashree Swain Vs State of Orissa — Education and Admissions | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C ) No.21029 OF 2019

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Subhashree Swain

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.....

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Petitioner

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Mr. A.U. Senapati, Adv.

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-versus-

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State of Odisha and Others

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..... Opp. Parties

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Mr. S.Jena, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

28.08.2024

Order No.3

1. This matter is taken up through hybrid mode.

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2. Heard learned counsel for the parties.

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3. Petitioner has filed the present Writ Petition inter

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alia with the following prayer:

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“ It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the writ application, issue Rule NISI, calling upon the opp. Parties to show cause as to why the final merit list dated 25.10.2019 under Annexure-9 shall not be quashed.

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And if the opp. Parties failed to show cause or show insufficient cause make the said Rule absolute and further be pleased to issue a writ of mandamus directing the opp. Party NO.2 to include the name of the present petitioner in the final merit list and to give appointment in consonance to the final merit list.”

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4. Learned counsel appearing for the Petitioner contended that in terms of the advertisement issued by Opp. Party No.2 on 23.02.2019 under Annexure-1, Petitioner made his application as against the post of

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Contractual Trained Graduate Teacher in Government Secondary School of the State of Orissa, 2019.

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4.1. It is contended that Petitioner on being found suitable in all respect vide notice dt.28.08.2019 under Annexure-5, she was asked to appear for verification of documents. However, it is contended that after such verification of documents, in the notice dt.21.09.2019 so issued by Opp. Party No.2 under Annexure-7 when Petitioner’s name was reflected in the draft reject list on the ground that the name of the B.Ed college from which Petitioner had acquired B.Ed. is not available in the affiliation list of NCTE, Petitioner filed his objection to the same by enclosing all relevant documents in support of such affiliation under Annexure-8.

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4.2. It is however contended that without proper appreciation of the objection so submitted under Annexure-8 and the documents enclosed to the same, name of the Petitioner was not reflected while issuing the notice dt.25.10.2019 under Annexure-9.

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4.3. Learned counsel for the Petitioner contended that Petitioner was not selected only on the ground that the B.Ed. certificate so obtained by her from the College in question since is not affiliated to NCTE, her claim is not entertainable and accordingly her name was not reflected in the list published under Annexure-9.

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4.4. However, learned counsel appearing for the Petitioner placing reliance on the stand taken in para-5 of the counter affidavit so filed by Opp. Party No.3 contended that the B.Ed. Certificate so produced by the

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Petitioner from the College in question is affiliated to NCTE. Stand taken in Para-5 of the counter affidavit reads as follows:

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“ 5. That, it is humbly & respectfully submitted that, the Director, Secondary Education, Odisha, Bhubaneswar issued letter NO.32040 dtd.28.08.2019 to All District Education Officers for verification of testimonials of qualified candidates those who have qualified the online examination (CBT), at the term of verification of testimonials of Subhashree Swain (the petitioner), it was fond that, the name of the B.Ed. College, i.e., Max-Well College of Education Pulwama was not available in website i.e., affiliation for B.Ed degree with University of Kashmir, further production of document by the Petitioner and after verification, it was found that, the said College affiliated by the University of Kashmir for the Session 2014-15 and University of Kashmir as equivalent to the corresponding B.Ed Degree of Berhampur University, Odisha on reciprocal basis vide NotificationNo.13738/Acd-1/BU/2015 dt.31.12.2014.”

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4.5. In view of the stand taken in para-5 of the counter affidavit, learned counsel for the Petitioner contended that the matter be remitted to Opp. Party No.2 to take a fresh decision on the claim of the Petitioner to get the benefit of appointment.

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5. Learned Addl. Govt. Advocate does not dispute the stand taken in para-5 of the counter affidavit so filed by Opp. Party No.3. 6. Having heard learned counsel for the parties and considering the submission made, this Court while disposing the Writ Petition directs Opp. Party No.2 to take a fresh decision on the claim of the Petitioner to get the benefit of appointment, taking into account the stand taken in Para-5 of the counter affidavit, so filed by Opp. Party No.3. This Court directs Opp. Party No.3 to

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take a fresh lawful decision within a period of two (2) months from the date of receipt of this order.

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It is observed that Opp. Party No.2 while taking such a fresh decision as directed, shall take into consideration the interim order passed by this Court on 27.11.2019.

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The Writ Petition is accordingly disposed of.

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( BIRAJA PRASANNA SATAPATHY) Judge

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sangita

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Signature Not Verified

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Digitally Signed Signed by: SANGITA PATRA Reason: authenticaton of order Location: high court of orissa, cut tack Date: 30-Aug-2024 18:59:13

Subhashree Swain v. State of Orissa

Case brief

What is this about?

What the court decided

Subhashree Swain v. State of Orissa

Case brief

What is this about?

What the court decided

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