Sayed Mustakin Ahammad vs State Of Odisha And Another
2022 Latest Caselaw 880 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No. 371 of 2022
                                     And
                             I.A. No. 170 of 2022

            Sayed Mustakin Ahammad             ....                               Petitioner
                                                                    Mr. S.B. Jena, Adv.
                                                -Versus -
            State of Odisha and another        ....                     Opposite Parties
                                                              Standing Counsel S&ME
                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                      ORDER

01.02.2022

Order No. This matter is taken up through video conferencing

mode.

2. In compliance of the order dated 19.01.2022, the petitioner has furnished the judgment of this Court in W.P.(C) No. 525 of 2017 and batch (Bhabendra Pradhan v. State of Odisha disposed of on 23.10.2017) by way of memo which has been placed at Flag-B, wherein this Court observed that the NCTE guidelines is also applicable to the petitioners in the said case those who have applied for the post of Sikhya Karmi. Applying the same principle, it is contended that since NCTE has fixed the guidelines and also prescribed qualification, the same should have adhered to in the present case while issuing the advertisement under Annexure-3. The same having not been adhered to, the petitioner has approached this Court by filing the present writ petition.

3. Mr. S. Jena, learned Standing Counsel for School and Mass Education Department contended that since the petitioner seeks recruitment in the Odisha Adarsha Vidyalaya by relaxing the eligibility criteria, the same cannot be granted.

4. Issue notice to the opposite parties in the main case as well as in interlocutory application.

5. Mr. S. Jena, learned Standing Counsel for School and Mass Education Department seeks time to obtain instructions or file counter affidavit in the matter by the next date.

6. List on 08.02.2022. Counter affidavit, if any, be filed in the meantime.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Ashok                                     (Dr. B.R. Sarangi)
                                                Judge