Orissa High Court
Nikita Palo vs State Of Odisha And Ors on 20 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23336 of 2022
Nikita Palo .... Petitioner
Mr. Sameer Kumar Das, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. D. Mund, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 20.09.2022
01. 1.This matter is taken up through hybrid arrangement.
2. Heard.
3. Learned counsel for Petitioner submits that the
conditions laid down in Paragraph-6 of the Draft Model
Advertisement are that selection of suitable candidates
should be based on the basis of results of written
examination and marks secured in the said written
examination. However, a clarification was issued much
after the selection process clarifying that in cases of two
or more candidates securing the same marks, the
candidate belonging to the district should be given
preference over the other candidate. The said clarification
could have been issued before the commencement of
selection process. Thereafter, the said clarification could
have been issued before the commencement of selection
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process in cases of two or more candidates securing same
marks, then the preference should be given as has been
indicated in Paragraph 6 (i), (ii) and (iii) of the
Advertisement which is quoted as under:
"6. Selection Procedure:
All selection of teaching staffs shall be done
through written examination (Multiple Choice
Question) comprising of 100 marks based on
OMR. Eligible candidate who meet all the
requisite qualification and criteria shall be
shortlisted for appearing in the written
examination. The Selection will be made by the
District Selection Committee headed by the
District Collector, Rayagada with Inspector of
Schools (SSD) and District Welfare Officer
(Member Convener) as members of the
Committee as per Notification No.-S.R.O. No.-
1169/93/Dt.13.12.1993 of Govt. in S.T. & SC
Development Department. The Selection
Committee shall prepare the list of suitable
candidates on the basis of the results of written
examination. The names of candidates shall be
arranged according to the marks secured in the
written examination. Minimum cut-off mark of
UR category is 35 and for Reserved Category is
30 out of the total 100 marks. Preference will be
given to the candidates belonging to the same
district.
(i) In case of two or more candidates secured
the same marks the candidate older in age will
be placed above in the rank.
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(ii) If there is further tie, the higher percentage
of marks secured in training qualification will
be taken into account.
(iii) Higher Education will not be given
weightage during preparation of merit list in
all categories."
In this Para also there is no such clarificatory sentence
regarding the preference of same district candidates.
Learned counsel for the Petitioner further submits that in
the Draft Model Advertisement since there is a sentence
that preference will be given to the local candidate of the
same district, which has not been properly clarified in the
Advertisement. This will lead to a lot of confusion during
selection process. He further submits that the legal
principle once the game starts, it cannot change the rules
of the game which has been upheld in a plethora of
judgments by the Hon'ble Supreme Court and this High
Court.
5. In such view of the matter, let notice be issued to the
Opposite Party Nos.1 to 3 only for the time being for
clarification regarding the questions raised by the
Petitioners in this Writ Petition.
7. Mr. D. Mund, learned Additional Government
Advocate for the State waives of notice on behalf of the
Opposite Party Nos.1 to 3. Required number of copies of
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the brief be served on him within three working days
hence, who shall obtain instructions in the matter.
8. List this matter on 12th October, 2022.
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
