RAJASHREE MOHAPATRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) An advertisement was issued by the Director. Elementary Education, Orissa inviting applications for engagement as Swechhasevi Sikhya Sahayak (in short "SSS") in different educational districts of Orissa. Pursuant to the said advertisement, the petitioner amongst other candidate applied for engagement as SSS at Baneikala Centre in Champua Education District. A provisional select list - was prepared for Champua Education District and in the said provisional select list, the petitioner was placed in the 13th position. Thereafter, by a notice dated 8.12.2000 the petitioner was asked to appear on 6.1.2002 at 11.00 A.M. at the Zilla Parishad Office, Keonjhar along with her original documents for verification. The petitioner appeared with her documents pursuant to the said notice. But thereafter she was not placed in the final select list on the ground that she did not ordinarily reside in Champua Education District. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for direction to the opposite parties to engage the petitioner as SSS in Upper Primary School at Baneikala Centre under Champua Education District.

(2.) Mr. Rath, learned Counsel for the petitioner submitted that the petitioner's mother has been working as a Staff Nurse in the Central Hospital at Joda in Champua Sub -division of keonjhar prior to 1978. The petitioner was also born at Joda. The petitioner passed H.S.C Examination from Joda Valley Girls High School, Baneikala under Champua Sub -division. She also passed +2 Vocational Course from the Government Higher Secondary Vocational School at Matkambeda in the year 1995 which is under Champua Sub -division. Thereafter she passed C.T. Course from the Government Secondary Training School at Remuli in -the year 1999 which is also under Champua Sub -division. She registered her name in the Employment Exchange under Champua Sub -division. Hence, she is a resident of Champua Sub -Division and belongs to Champua Education District. Mr Rath explained that the father of the petition is a resident of village Dhanurjayapur in Keonjhar town and for this reason, resident -certificate was earlier granted by the Revenue Officer, Keonjhar in the year 1997 and the said resident certificate had been filed along with application of the petitioner for the post of SSS. But subsequently when she appeared on 6.1.2001 in the in the office of the Zilla Parishad. Keonjhar for verification of her certificates, she was told that a resident certificate showing that she is an ordinary resident of Champua Education District was necessary and the petitioner obtained a certificate from the Tahasildar, Barbil on 11.1.2001 which states that the petitioner ordinarily resides in village Banaikala, P.S. Joda, Tahasil -Barbil which is within Champua Education District. Mr. Rath vehemently argued that since the petitioner had secured 13th position in the select list as per her merit, she cannot be denied engagement as SSS in Champua Education District only the ground that she has got married to Advocate practising at Cuttack or on the ground that her earlier resident/Nativity Certificate indicated that she belongs to Keonjhar Education District and not Champua Education District.

(3.) Mr. R. Behera. learned Additional Standing Counsel for the School &. Mass Education Department of the Government of Orissa, on the other hand, relied on the averments in the counter -affidavit filed on behalf of opposite parties 3, 4 and 5 and in particular paragraph 5 thereof and submitted that in her application itself the petitioner indicated that she belongs to Keonjhar Education District and along with the application, one submitted a resident certificate issued by the Revenue Officer. Keonjhar to show that she is a resident of village Dhanurjayapur, Town -Keonjhar. Mr Behera also submitted that since the requirement of the advertisement as well as the scheme of the Government in the Government Resolution dated 3.10.2000 for engagement as SSS is that the applicants should be from concerned educational district, the petitioner was not eligible for being considered for appointment to any of the Centres of Champua Education District and for this reason, although she was placed in 13th position in the provisional select list, after verification of certificates her name was struck off from the said select list and she was not given engagement as SSS in Champua Education District.