Kaberi Mantry vs State Of Odisha & Others
2023 Latest Caselaw 486 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.C. (OAC) No.1206 of 2016

                 Kaberi Mantry                      ....          Petitioner
                                        Mr. Manoj Kumar Mohanty, Advocate

                                            -versus-

                 State of Odisha & Others           ....       Opposite Parties
                                         Mr. Nilambar Jena, Standing Counsel
                                   for School and Mass Education Department


                           CORAM:
                           JUSTICE M.S. RAMAN
                                       ORDER

Order No. 13.01.2023

02. 1. Mr. M. K. Mohanty, learned counsel for the petitioner submits that admittedly the petitioner had secured more percentage of marks than the last selected candidate. Only ground on which the candidature of the petitioner was rejected was that she had no valid Employment Exchange Registration Number.

Mr. Mohanty advanced argument relying on a judgment of the Hon'ble Apex Court rendered in State of Odisha Vrs. Mamata Mohanty, (2003) 3 SCC 436 = 112 (2011) CLT 46 (SC) that the condition of production of Employment Exchange Registration Certificate is not a mandatory one and absence of the same cannot empower the authority to reject the candidature. He further submitted that the advertisement inserting such a condition de hors the conditions laid in Rule 8 of the Odisha Sub-ordinate Education (Method of Recruitment and Conditions of Services) Rules, 1993 is liable to be ignored.

// 2 //

At this stage, Mr. Jena, learned Standing Counsel appearing for School and Mass Education Department pays for a short accommodation to address this Court on these two points on the next date of hearing.

2. As prayed for, list this matter on 27.01.2023.

(M.S. Raman) Judge

Sipun