Orissa High Court
Kanhu Charan Sahu & Anr vs State Of Odisha And Anr on 10 October, 2022
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23180 of 2022
Kanhu Charan Sahu & Anr. .... Petitioners
Mr. Santosh Kumar Mohanty, Adv.
-versus-
State of Odisha and Anr. .... Opposite Parties
Mr. Biswajit Mohanty, SC
(for S & ME Deptt.)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 10.10.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. In this Writ Petition, the Petitioners seek a direction
from this Court to the Opposite Parties to appoint them
as Hindi Teachers against the remaining vacancies in
respect of UR and SEBC categories as per their merit list,
as after exhausting the list, the Petitioners' merit position
will be at Serial Nos.1159 and 1256 respectively against
the remaining vacancies since the selection process is
going on pursuant to the Advertisement dated 23.12.2021
issued by the Opposite Party No.2/ Director, Secondary
Education, Odisha, Bhubaneswar.
4. Learned counsel for the Petitioners submits that the
Petitioners applied for the post of Initial Appointee
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Teachers (TGT-Arts) pursuant to the Advertisement
dated 23.12.2021 issued by the Opposite Party No.2/
Director, Secondary Education, Odisha, Bhubaneswar.
Their names found place in the draft merit list at serial
Nos.1159 and 1256 respectively in respect of SEBC
category, yet engagement orders have not been issued in
their favour although vacancies are there against U.R.
and SEBC categories as some of the candidates who have
finally selected did not join in their respective posts and
in the meantime, some of the appointed candidates have
left their jobs on being got better jobs. Therefore, the
Petitioners are constrained to approach this Court.
5. Learned Standing Counsel for the Department of
School and Mass Education submits that earlier similar
issue was raised before this Court in W.P.(C) No.12636 of
2022 (Lalatendu Mishra & Ors. -vrs.- State of Odisha and
Ors.) and other two cases and this Court vide common
judgment dated 21.07.2022 decided the issue by
dismissing all the said Writ Petitions. Hence, he submits
that this Writ Petition may be disposed of in the light of
the common judgment dated 21.07.2022 passed in
W.P.(C) No.12636 of 2022 (Lalatendu Mishra & Ors. -vrs.-
State of Odisha and Ors.) and other two cases (supra).
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6. On perusal of the records and the common judgment
dated 21.07.2022 passed in W.P.(C) No.12636 of 2022
(Lalatendu Mishra & Ors. -vrs.- State of Odisha and Ors.)
and other two cases (supra), it appears that similar issue
has already been decided by this Court in the said
judgment. The ordering portion of the said judgment is as
follows.
"V. Conclusion and order:
37. In the circumstances, having regard to the
principles enunciated in the various authorities
cited above, I have no hesitation in coming to the
conclusion that the petitioners cannot be granted
any relief in these Writ Petitions and the present
Writ Petitions are liable to be dismissed, being
devoid of merit.
38. Accordingly, in view of the above, all
pending I.As. also stand disposed of.
7. In such view of the matter, this Writ Petition is
disposed of being dismissed in the light of the common
judgment dated 21.07.2022 passed in W.P.(C) No.12636 of
2022 (Lalatendu Mishra & Ors. -vrs.- State of Odisha and
Ors.) and other two cases (supra).
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
