State Of Odisha And Others vs Smrutirekha Mishra
2023 Latest Caselaw 6034 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.A. No. 890 of 2022

            State of Odisha and Others                    ....          Appellants
                        Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
                                   -versus-
            SmrutiRekha Mishra                  ....        Respondent
                                   Mr. Gautam Misra, Senior Advocate
                                            AND
            W.A. Nos.967, 1028, 1091, 1093, 1096, 1097 and 1158 of 2022

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                          ORDER

Order No. 15.05.2023

03. 1. Mr. Manoj Kumar Khuntia, learned Additional Government Advocate places before the Court a compilation, which includes the 'Category wise Last Candidate's Career Assessment Score selected for Hindi Teacher in the year 2014-15'. He therefore argues that although the Respondents would be covered by the order passed a judgment dated 7th September, 2020 passed by the Division Bench of this Court in W.P.(C) No.10616 of 2020, they can be granted the same benefit provided they have scored more marks than the last selected candidate. He has included in the compilation the said scores of the last selected candidates in the different categories.

2. The above submission is seriously contested by learned Senior Counsel appearing for the Respondents. According to them, Aparna Sinha herself had got less than the cut off mark and yet she was given appointment whereas all the Respondents herein having got less than the cut off mark are being denied such benefit. It is further

pointed out some of the Respondents marks have higher than the cut off marks.

3. A copy of the compilation filed by Mr. Khuntia, learned Additional Government Advocate, be provided to the learned counsel for the Respondents within three days. It will be open to the learned counsel for the individual Respondents to prepare their respective notes of submissions on the basis of the above notes handed over today by Mr. Khuntia.

4. List on 28th August, 2023.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Subhasmita

Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-May-2023 10:49:49