Jyosnaranee Sahu Vs State of Odisha

“Under the above facts and circumstances, it is therefore prayed that this Hon’ble Court may graciously be pleased to direct under the Rule of MANDAMUS to the O.P. No.-2-4 to appoint the petitioner as Sikshya Sahayak under Kalahandi District, under SEBC female Science category as per the judgment passed on 22.11.2024 in the case of Dillip Kumar Parida Vs. State of Orissa in W.P.(C) No.7190 of 2018 & in the case of Hemaanta Kumar Sahoo W.P.(C) No.7191 of 2018 in the covered judgment has been passed on 22.11.2024, by quashing of the letter dated 13.02.2025 passed by the Opposite Party No.4, DPC, Kalahandi by considering her RCI Provisional Certificate which had been produced at the time of interview with all sorts of financial benefits.

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And/or the petitioner may be appointed as Sikshya Sahayak under SEBC female category under Kalahandi District considering her educational

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qualification having more marks than the Opposite Party Nos.5 & 6 by considering the undertaking given by her at the time of the interview and to appoint the petitioner as Sikshya Sahayak as the less meritorious candidates than the petitioner have been appointed under the jurisdiction of Opposite Party Nos.3 & 4 wherein the number of posts are lying vacant till date.

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And/or may kindly direct the Opposite Parties to appoint the petitioner as Sikshya Sahayak under the jurisdiction of Opposite Party Nos. 3 to 5.

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And for which act of your kindness, the petitioners as in duty bound shall ever pray”.

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During pendency of the writ application her representation was rejected by the District Project Co-ordinator(DPC) vide order dated 13.02.2025, copy of which has been enclosed to the further Affidavit filed by the petitioner before this Court.

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Reading of the order of rejection reveals that the petitioner’s representation has been, inter alia, rejected on the ground that she could not submit the valid Rehabilitation Council of India(RCI) registration certificate. Further, in the meantime the post of Sikshya Sahayak has been abolished.

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In course of hearing, it is brought to the notice of this Court that the question of applicability of the provisions of the RCI Act was considered by this Court in the case of Dillip Kumar Parida v. State of Odisha & Others in W.P.(C) No.7190 of 2018. In the said case this Court, after analyzing the provisions of the Rehabilitation Council of India(RCI) Act held that the submission of registration certificate of Rehabilitation Council of India(RCI) cannot be insisted upon. Moreover, in the said case this Court directed the Opposite Party- authorities to consider the candidature of the petitioner for the post of Sikshya Sahayak or any other equivalent/ re-designated post.

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Since the case at hand involves similar point, the writ

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application is disposed of directing the District Project Coordinator, Kalahandi to re-consider the matter in light of the judgment passed by this Court in Dillip Kumar Parida(supra) . To cut short the delay, the petitioner is directed to appear before the District Project Co-ordinator within two weeks and submit certified copy of the order passed by this Court today as also the judgment passed in Dillip Kumar Parida (Supra). Necessary orders shall be passed by the District Project Co-ordinator within four weeks thereof.

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It is needless to mention that if, after examination of the matter, the petitioner is found to be eligible for engagement necessary orders shall be passed in her favour.

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( Sashikanta Mishra) Judge

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Puspanjali

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI GHADAI Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 07-Mar-2025 11:03:18

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Jyosnaranee Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jyosnaranee Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

Case details

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