Arun Kumar Das vs State Of Odisha And Ors
2022 Latest Caselaw 3661 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.19329 of 2022

                Arun Kumar Das                     ....          Petitioner
                                      Mr. Amiya Kumar Mohanty A, Adv.
                                         -versus-
                State of Odisha and Ors.          ....     Opposite Parties
                                                Mr. Debasis Mohapatra, SC
                                                      (for S & ME Deptt. )

                            CORAM:
                            DR. JUSTICE S.K. PANIGRAHI

Order                                   ORDER
No.                                    03.08.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The petitioner, in this Writ Petition, challenges the

action of the opposite parties in not issuing the

appointment letter after verification of original document

on 28.07.2022 in the office of the opposite party No.3-

District Education Officer, Mayurbhanj on the ground

that he has not secured 45% of mark in graduation level.

4. Learned counsel for the petitioner brings to the notice

of this Court to two judgments; one has been passed by

this Court in the case of Kabita Dhal -vrs.- State of

Orissa1 (W.P.(C) No.7764 of 2014 decided on 02.05.2014)

2006 (S-11) OLR 928

// 2 //

and another has been passed by the apex Court in the

case of State of Orissa and another -vrs.- Damodar

Nayak and another2. In view of such judgments, the

opposite party No.3- District Education Officer,

Mayurbhanj should not have refused to issue

appointment letter to the petitioner. In the said

judgments the rule of approximation has been elaborately

discussed where 53.9% of marks has been rounded off to

54% of marks and the question of approximation has

been settled.

5. Learned Standing Counsel for the Department of

School and Mass Education also files a judgment of the

apex Court passed in the case of Orissa Public Service

Commission and Another -vrs.- Rupashree Chowdhary

and Another3, wherein the apex Court has clearly stated

that when there is rule of approximation of percentage of

marks to take a candidate into zone of consideration, the

Court cannot interfere to change the rule and change the

percentage of marks.

6. In such view of the matter, let notice be issued to the

opposite parties.

91997) 4 SCC 560

(2011) 8 SCC 108

// 3 //

7. Mr. Debasis Mohapatra, learned Standing Counsel for

the Department of School and Mass Education waives of

notice on behalf of the opposite parties. Required number

of copies of the Writ Petition be served on him within

three working days hence, who shall obtain instructions

in the matter and file reply.

8. List this matter on 11th of August, 2022.

( Dr. S.K. Panigrahi) Judge BJ