Orissa High Court
Ramachandra Mundachhina vs State Of Odisha & Others ...... Opp. ... on 22 January, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No. 17012 of 2024
An application under Articles 226 and 227 of the Constitution of
India)
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Ramachandra Mundachhina ..... Petitioner
-Versus-
State of Odisha & Others ...... Opp. Parties
Advocate(s) appeared in this case:-
_______________________________________________________
For Petitioner : Mr. Satyajit Behera, Advocate
For Opp. Parties : Mr. S. Behera
Additional Government Advocate
___________________________________________
CORAM:
JUSTICE SASHIKANTA MISHRA
JUDGMENT
nd
22 January, 2025
SASHIKANTA MISHRA, J.
An advertisement was issued for filing up the
post of Jogan Sahayak (Supply Assistant) of five Gram
Panchayats including Malijubang Gram Panchayat in the
district of Kalahandi. The petitioner was earlier working as
Jogan Sahayak (Supply Assistant) under the said Gram
Panchayat on adhoc basis. He applied for the post
pursuant to the said advertisement but no selection
process was held for which he approached this Court in
W.P.(C) No.14142 of 2022. The said writ application was
disposed of by order dated 24.06.2022 directing the
Collector to consider the representation of the petitioner.
Pursuant to such order, the Collector, Kalahandi by order
dated 17.03.2023, disposed of the representation without
granting any relief to the petitioner by directing the
B.D.O., Lanjigarh to expedite the process of selection
within a month. It is stated that no action was taken
despite such order of the Collector for which the petitioner
again approached this Court in W.P.(C) No.16134 of 2023.
By order dated 18.05.2023, this Court disposed of the writ
application granting liberty to the petitioner to move to the
Collector regarding non-implementation of his earlier
order and in such event, the Collector was to immediately
take up the matter regarding compliance of his earlier
order.
2. Pursuant to such order, the petitioner submitted
representation on 26.05.2023 to the Collector. While the
representation was pending, fresh advertisement was
issued on 07.07.2023 by the B.D.O., Lanjigarh for the post
of Jogan Sahayak (Supply Assistant). Instead of
challenging the said action of the B.D.O., the petitioner
applied pursuant to the advertisement and participated in
the selection process. In the final merit list the petitioner's
name did not find place. Being thus aggrieved, he has filed
the present writ application with the following prayer:-
"Under the circumstances it is humbly
prayed therefore that the Hon'ble Court may
graciously be pleased to issue a writ in the nature
of mandamus or any other appropriate writ/writs
by quashing the select list which was
recommended by the BDO Lanjigarh dated
02.07.2024 to Sub-Collector Bhawanipatna i.e.
Opp. Party No.4, under Annexure-12;
And further be pleased to direct the opp.
Party No.3 to consider the case of the petitioner
for appointment as Jogan Sahayak in Malijubang
Gram Panchayat in pursuance of advertisement
dated 14.07.2014 under Annexure-1 or in the
alternative to consider his case as per 2nd
advertisement with regard to preference category;
` And further be pleased to direct the opp.
Parties to give all consequential service benefits:
Or pass any other order(s) direction(s) as
this Hon'ble Court may think fit and proper,
And allow this Writ Application."
3. Mr. Satyajit Behera, learned counsel for the
petitioner submits that the authorities had acted in a
manner contrary to the directions of this Court inasmuch
as the Collector's order directing the B.D.O. to conclude
the selection process pursuant to the advertisement dated
14.07.2014 was not given effect to. On the contrary, a
fresh advertisement was issued. Moreover, in the fresh
selection process, the experience of the petitioner was
never taken into consideration.
4. Mr. Sarbeswar Behera, learned Additional
Government Advocate, on the other hand would argue that
once the petitioner chose to apply pursuant to the fresh
advertisement, he is estopped from contending that the
selection process pursuant to the earlier advertisement
issued in 2014 should be completed. Moreover, he
participated in the fresh selection and was unsuccessful.
Therefore, he cannot challenge the selection of the final
merit list published. Mr. Behera, further submits that
even otherwise, the petitioner's performance as a Jogan
Sahayak (Supply Assistant) on adhoc basis was beset with
several irregularities and misconducts. Therefore, his
experience as such could not have been considered.
5. After hearing learned counsel for the parties and
taking note of the rival contentions narrated above, this
Court is primarily of the view that the petitioner having
willfully participated in the selection process held
pursuant to the fresh advertisement i.e., issued on
07.07.2023, is estopped from contending that the
selection process pursuant to the earlier advertisement
ought to have been completed. Moreover, having
participated in the selection process and having failed to
be selected on merit, he is also estopped to challenge the
selection process.
6. This Court is, therefore, not inclined to grant the
relief claimed by the petitioner. It is, however, stated at the
bar that there are some vacancies available against which
the petitioner's candidature can be considered taking into
account his experience. In this regard the petitioner has
also approached the Collector, Kalahandi by submitting a
representation on 28.08.2024. Said representation is
pending. Such being the case, the writ application is
disposed of by directing the Collector, Kalahandi to
consider the representation submitted by the petitioner
and to take a decision thereon in accordance with law
within two months from the date of production of certified
copy of this order.
7. While disposing the representation the Collector shall
also consider the previous experience of the petitioner for
which, it shall be open to him to submit appropriate
material.
...............................
Sashikanta Mishra,
Judge
Orissa High Court, Cuttack
The 22nd of January, 2025/ P. Ghadai
Location: High Court of Orissa, Cuttack.
