Orissa High Court
Jyosnaranee Sahu vs State Of Odisha & Others .... Opp. ... on 5 March, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.538 of 2025
Jyosnaranee Sahu .... Petitioner
Represented by
Mr. D.K. Ray, Advocate
- Versus -
State of Odisha & Others .... Opp. Parties
Represented by
Mr. A.R. Dash,
Addl. Government Advocate
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
05.03.2025
Order No.
04. 1. This matter is taken up through hybrid mode.
. 2. The petitioner has approached this Court with the following
prayer.
"Under the above facts and circumstances, it is
therefore prayed that this Hon'ble Court may
graciously be pleased to direct under the Rule of
MANDAMUS to the O.P. No.-2-4 to appoint the
petitioner as Sikshya Sahayak under Kalahandi
District, under SEBC female Science category as per
the judgment passed on 22.11.2024 in the case of
Dillip Kumar Parida Vs. State of Orissa in W.P.(C)
No.7190 of 2018 & in the case of Hemaanta Kumar
Sahoo W.P.(C) No.7191 of 2018 in the covered
judgment has been passed on 22.11.2024, by
quashing of the letter dated 13.02.2025 passed by the
Opposite Party No.4, DPC, Kalahandi by considering
her RCI Provisional Certificate which had been
produced at the time of interview with all sorts of
financial benefits.
And/or the petitioner may be appointed as
Sikshya Sahayak under SEBC female category under
Kalahandi District considering her educational
qualification having more marks than the Opposite
Party Nos.5 & 6 by considering the undertaking given
by her at the time of the interview and to appoint the
petitioner as Sikshya Sahayak as the less meritorious
candidates than the petitioner have been appointed
under the jurisdiction of Opposite Party Nos.3 & 4
wherein the number of posts are lying vacant till date.
And/or may kindly direct the Opposite Parties to
appoint the petitioner as Sikshya Sahayak under the
jurisdiction of Opposite Party Nos. 3 to 5.
And for which act of your kindness, the
petitioners as in duty bound shall ever pray".
3. During pendency of the writ application her representation
was rejected by the District Project Co-ordinator(DPC) vide order
dated 13.02.2025, copy of which has been enclosed to the further
Affidavit filed by the petitioner before this Court.
4. Reading of the order of rejection reveals that the petitioner's
representation has been, inter alia, rejected on the ground that she
could not submit the valid Rehabilitation Council of India(RCI)
registration certificate. Further, in the meantime the post of
Sikshya Sahayak has been abolished.
5. In course of hearing, it is brought to the notice of this Court
that the question of applicability of the provisions of the RCI Act
was considered by this Court in the case of Dillip Kumar Parida
v. State of Odisha & Others in W.P.(C) No.7190 of 2018. In the
said case this Court, after analyzing the provisions of the
Rehabilitation Council of India(RCI) Act held that the submission
of registration certificate of Rehabilitation Council of India(RCI)
cannot be insisted upon. Moreover, in the said case this Court
directed the Opposite Party- authorities to consider the candidature
of the petitioner for the post of Sikshya Sahayak or any other
equivalent/ re-designated post.
6. Since the case at hand involves similar point, the writ
application is disposed of directing the District Project Co-
ordinator, Kalahandi to re-consider the matter in light of the
judgment passed by this Court in Dillip Kumar Parida(supra).
To cut short the delay, the petitioner is directed to appear before
the District Project Co-ordinator within two weeks and submit
certified copy of the order passed by this Court today as also the
judgment passed in Dillip Kumar Parida (Supra). Necessary
orders shall be passed by the District Project Co-ordinator within
four weeks thereof.
7. It is needless to mention that if, after examination of the
matter, the petitioner is found to be eligible for engagement
necessary orders shall be passed in her favour.
(Sashikanta Mishra)
Judge
Puspanjali
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack.
Date: 07-Mar-2025 11:03:18
