Choudhury Saubhagya Mohan vs State Of Odisha And Another
2025 Latest Caselaw 3842 Ori

Orissa High Court

Choudhury Saubhagya Mohan vs State Of Odisha And Another on 11 February, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.A No.62 of 2025


            Choudhury Saubhagya Mohan               ....            Appellant
            Dash

                                                       Represented By Adv. -
                                                  Mr. P.K. Rath, Sr. Advocate
                                                    Mr. A. Behera, Advocate
                                       -versus-

            State of Odisha and another             ....        Respondents
                                                     Represented By Adv. -
                                                        Mr. B. Dash, AGA



                                CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                              ACTING CHIEF JUSTICE
                                          AND
                     THE HON'BLE MR. JUSTICE M.S. SAHOO
                                         ORDER

11.02.2025 Order No.

01. 1. Mr. Rath, learned senior advocate appears on behalf of

appellant and submits, his client wanted his candidature to be

considered for direct recruitment to post of Junior Engineer. There

was advertisement dated 8th December, 2023 published at instance

of Odisha Staff Selection Commission. The appointment was said

as shall be guided by "Combined Technical Services Recruitment

Examination Rules-2022". The 2022 rules were notified on 26th

October, 2022. Rule 4 provides for eligibility conditions. Clause (b)

under the rule requires minimum educational qualification and

experience as prescribed in the relevant recruitment rule or

Government resolution. The requirement is Odisha Diploma

Engineers' Service (Method of Recruitment and Conditions of

Service) Rules, 2012. Rule 6 under said rules requires educational

qualification of the candidate, to possess a diploma in engineering

or an equivalent qualification from the institution recognized by the

Odisha Council of Technical Education and Vocational Training.

He submits, his client has a degree in engineering. The first 2 years

in the 4 years degree course is equivalent to requisite diploma. By

impugned judgment, his client's stood disqualified. There be

interference in appeal.

2. Mr. Routray, learned senior advocate appears and submits,

his client has also preferred appeal against said impugned judgment.

It is W.A. no.3459 of 2024. Mr. Panda, learned advocate appears

and submits, his client's appeal is W.A. no.3433 of 2024.

3. Mr. Dash, learned advocate, Additional Government

Advocate appears on behalf of respondent no.1.

4. It appears, the appointment was advertised as shall be

guided by "Combined Technical Services Recruitment Examination

Rules-2022". Said rules prescribed minimum qualification

eligibility conditions as per the 2012 rules. The 2012 rules give the

qualification to be diploma. Appellants say, they possessing degree

in engineering have equivalent qualification fulfilling the eligibility

condition for direct recruitment.

5. W.A. nos.3433 and 3459 of 2024 are treated as on day's

list.

6. Issue notice along with this order on respondent nos.2 and 3

in the appeals by registered/speed post with A.D. Respective

appellants will put in requisites.

7. List on 4th March, 2025. Impugned judgment will remain

stayed till next date of hearing. Appellants have liberty to

communicate website copy of this order to noticed respondents.

                                                                     (Arindam Sinha)
                                                                    Acting Chief Justice




Signed by: JYOSTNARANI MAJHEE                                            Judge




      jyostna/Radha