Sk. Hidayetulla Mahamad vs State Of Odisha And Others
2023 Latest Caselaw 15601 Ori

Orissa High Court

Sk. Hidayetulla Mahamad vs State Of Odisha And Others on 5 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.A. No. 15 of 2023

Sk. Hidayetulla Mahamad                .....                               Appellant
                                                                Mr. B.P. Das, Adv.

                                       Vs.
State of Odisha and others             .....                             Respondent
                                                                Mr. S. Nayak, ASC
              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                              ORDER

05.12.2023

Order No. This matter is taken up by hybrid mode.

04.

2. Heard Mr. B.P. Das, learned counsel appearing for the appellant and Mr. S. Nayak, learned Addl. Standing Counsel appearing for the State-Respondents.

3. The appellant has filed this writ appeal seeking to quash the judgments dated 09.05.2022 and 08.12.2022 passed by the learned Single Judge in WPC (OAC) No.1203 of 2016 and in RVWPET No. 132 of 2022.

4. Mr. B.P. Das, learned counsel appearing for the appellant vehemently contended that the learned Single Judge has committed gross error while passing impugned judgments. It is contended that while prescribing qualification for appointment of Hindi Teachers and Sanskrit Teachers, it has been specifically mentioned that while preparing draft merit list in the case of Hindi Teachers, percentage of marks secured by a candidate in each qualifying examination (without extra/4th optional) such as HSC, +2, +3/B.A. with Hindi or Ratna/Sashtry/Snataka and marks obtained in Paraganta/B.H.Ed./B.Ed. in Hindi shall be taken into consideration. Similarly, in respect of Sanskrit Teachers, marks obtained in HSC, +2, +3, B.A. with Sanskrit or

Sashtry and Sikhya Sashtry shall be taken into consideration. Thereby, it is contended that by using the conjecture "or" in the qualification prescribed for appointment of Hindi Teacher, would mean that a candidate having B.A. with Hindi or Ratna, shall be eligible to make an application. To substantiate his contention, he has relied upon the judgment of this Court in the case of Akhila Kumar Naik v. State of Odisha, 2022 (II) ILR CUT 903. It is further contended that in a similar matter, i.e., Nihar Ranjan Sarangi v. State of Odisha (WPC (OAC) No.7976 of 2015 disposed of on 23.07.2021), this Court has already granted benefit to the petitioner therein. But, in the present case, the learned Single Judge has committed gross error in rejecting the claim of the appellant. Therefore, the appellant has approached this Court by filing the present writ appeal.

5. Issue notice to the respondents

6. Four extra copies of the appeal be served on learned State Counsel appearing for respondents no.1 to 4 within three working days enabling him to obtain instructions or file counter affidavit.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE Ashok

(M.S. RAMAN) JUDGE

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 05-Dec-2023 16:19:22