Orissa High Court
Sanjeev Kumar Sahu vs State Of Odisha & Ors on 15 February, 2022
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P(C) No.4569 OF 2022
Sanjeev Kumar Sahu ..... Petitioners
Mr. A. Mishra, Advocate
Vs.
State of Odisha & Ors. ..... Opposite parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
15.02.2022
W.P.(C) No.4569 of 2022
And
I.A. No.2221 of 2022
Order No. This matter is taken up by hybrid mode.
2. Heard Mr. A. Mishra, learned counsel for the
petitioner.
3. The petitioner has filed this writ petition seeking to
quash Notice No.1220/P.S.C./dated 10.02.2022 so far as
rejection of candidature of the petitioner bearing PPSAN No.-
00109862 and Roll No.100862 under Annexure-4 is concerned
and to issue direction to the opposite parties to declare that the
Odia Certificate issued to him by NIOS as per Annexure-3
qualifies the requirement of Odia pass for the post of Assistant
Public Prosecutor, pursuant to advertisement No.08 of 2020-21
under Annexure-1 issued by opposite party no.2-OPSC.
4. Mr. A. Mishra, learned counsel for the petitioner
contended that OPSC issued an advertisement bearing no. 08 of
2020-21 for recruitment to the posts of Assistant Public
Prosecutor (Group-B) in the Odisha State Prosecution Service
under Home Department of Odisha. As per Sub-clause (ii) of
Clause-8 of the said advertisement, the petitioner has to pass
either the Middle School standard language test in Odia
conducted by the Board of Secondary Education, Odisha or the
Matriculation (Class-X/10th standard) examination with Odia as a
subject. Though the petitioner produced such document and after
verification of the same, he was called upon to appear in the
written examination and thereafter for viva voce test, but at the
stage of verification of documents, his candidature has been
rejected on the ground that he did not have valid Odia Test
certificate as per Para-8(ii) of the advertisement. It is further
contended that Academic Examination Result under Annexue-3
issued by the National Institute of Open Schooling clearly
indicates that the petitioner has passed Odia examination and has
secured 55 marks. The petitioner had submitted the said
document and was allowed to appear in the examination after
taking into consideration of the said document. It is contended
that the certificate produced by the petitioner has got authority by
virtue of the gazette notification issued on 20.10.1990 under
Annexure-5, and more so, it is declared as equivalent by the
Board of Secondary Education, Odisha vide notification dated
05.08.2014 under Annexure-7, wherein the name of the
petitioner's institution finds place at Sl. No.31. Apart from the
same, it is further contended that the National Institute of Open
Schooling has issued letter on 09.12.2010 under Annexure-8,
taking into consideration the judgment of the High Court of
Gujarat in S.C.A. No.7406 of 2010 that the certificate issued by
NIOS will be treated as equivalent for all purposes. Therefore,
rejection of candidature of the petitioner to appear in the viva-
voce test, while conducting verification of documents under
Annexure-4 dated 10.02.2022, cannot sustain in the eye of law.
5. Issue notice to the opposite parties both in main case
and interlocutory application.
6. One extra copy of the writ petition be served within
three days on learned Additional Government Advocate, as he
appears for opposite party no.1 to enable him to obtain
instructions or file counter affidavit.
7. Let three extra copies of the writ petition be served
within three days on Mr. P.K. Mohanty, learned Sr. Counsel, who
usually appears for OPSC-opposite parties no.2 to 4 to enable
him to obtain instructions or file counter affidavit.
7. Put up this matter on 23.02.2022.
Alok
(DR. B.R. SARANGI)
JUDGE
