Disposed

Suvendu Behera v. State of Odisha

Orissa HC2 Apr 2024WP(C)/7236/2024

Case brief

AI extract

What is this about?

Writ petition by a Junior Assistant recruitment candidate omitted from the final merit cum select list despite document verification. Court disposed the petition at admission with liberty to file a detailed representation before Opposite Party No.2, to be decided by reasoned order within eight weeks.

What did the court decide?

Liberty to file representation before Opposite Party No.2 within two weeks; Commission to pass reasoned speaking order within eight weeks and communicate decision within two weeks, preferably before a

Suvendu Behera Vs State of Odisha — Education and Admissions | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7236 of 2024

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Suvendu Behera

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..... Petitioner

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Represented By Adv. - Prajit Kumar Pradhan

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-versus-

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1) State Of Odisha

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..... Opposite Parties

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The Secretary, Odisha Sub-ordinate Represented By Adv. – Staff Selection Commission, Bbsr Mr.Samaresh Jena, 3) The Collector And Dist.magistrate, ASC Khordha

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

27.11.2024

I.A.NO.5085 OF 2024

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

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This Interlocutory Application has been filed seeking modification of the order dated 02.04.2024 passed in W.P.(C) No.7236 of 2024.

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Considering the submissions made, the order dated 02.04.2024 is recalled and the following order is passed.

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

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The Petitioner has filed the present writ application with

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Page 1 of 4.

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the following prayer:

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“ In the facts and circumstances stated above, the humble Petitioner respectfully prays that this Hon’ble Court may graciously be pleased to :-

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i) Admit the Writ application

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ii) Direct the Opp.Parties to place the Petitioner in the final merit/selection list and thereby issue appointment order in his favour by allotting the department.

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And/or pass any such other or further writ(s)/order(s)/direction(s) which give compete relief to the Petitioner;”

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It is submitted by the learned counsel for the Petitioner that pursuant to the advertisement dated 24.02.2023 under Annexure-1 to the Writ Petition, the Petitioner participated in the recruitment process for appointment to the post of Junior Assistant. Learned counsel for the Petitioner further contended that on 09.07.2023 a written test was conducted. Thereafter, the Petitioner was asked to participate in the practical skill test, which was conducted on 05.11.2023. After completion of the practical skilled test, the name of the Petitioner was found place in the enclosed provisional merit list prepared by the Opposite Parties on 07.12.20223 and the Petitioner was asked to appear for verification of document. Although the documents were verified on 27.12.2023, however, the provisional merit cum select list which was published on 13.03.2024 does not reflect the name of the Petitioner. Being aggrieved by such conduct of the Opposite Parties in not including the name of the petitioner despite Petitioner’s successful in the selection process, the Petitioner approached this Court by filing the

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Page 2 of 4.

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present Writ Petition.

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Learned Additional Standing Counsel on the other hand submitted that the Petitioner has approached this Court directly without approaching the Opposite Parties for redresal of his grievance. In such view of the matter, learned Additional Government Advocate submitted that the Petitioner be directed to file a detailed representation along with all supporting documents before the Opposite Party No.2, within a period of two weeks from today with a further direction to Opposite Party No.2 to consider the same in accordance with law within a stipulated period of time and he will have no objection to the same.

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Having heard learned counsels appearing for the respective parties, on a careful examination of the background facts of the present case as well as materials on record, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioner by filing a detailed representation within a period of two weeks from today before Opposite Party No.2. In such eventuality Opposite Party No.2 shall do well to consider the representation of the Petitioner in accordance with law and dispose of the said representation by passing a reasoned and speaking order within eight weeks from the date of filing representation along with certified copy of this order. Final decision be communicated to the Petitioner within two weeks from the date of taking such decision. It is further directed that the Opposite Party No.2 shall do well to consider and dispose of the representation of the Petitioner preferably before

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Page 3 of 4.

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appointment order is issued to any of the selected candidates.

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With the aforesaid observation, the writ application along with Interlocutory Application stand disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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RKS

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Signature Not Verified Page 4 of 4.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 28-Nov-2024 17:48:11

Suvendu Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Suvendu Behera v. State of Odisha

Case brief

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