NIRANJAN PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner has filed this Writ Petition seeking the following relief;

(2.) The case of the Petitioner is that pursuant to an advertisement issued by the Collector, Kandhamal on 7/5/2018 for appointment to various posts, the Petitioner applied for B.A. Bed. for engagement in upgraded High Schools/Girls' High Schools under SC and ST Development Department of Kandhamal District. Out of the posts advertised under B.A.Bed., one post was reserved for physically handicapped candidate. The Petitioner is a Physically Handicapped candidate and applied under the said category. It was specified in the advertisement that in case of non-availability of suitable candidates from Kandhamal District, application of candidates from other Districts will be taken into consideration. A draft merit list was prepared for candidates of Kandhamal District in which the Petitioner's name found place at Sl. No.41. Another draft merit list was prepared for candidates belonging to other Districts, wherein the name of the Opposite Party No.4 found place at Sl. No.267 under S.C. category. The authorities prepared a combined final merit list and published the final select list on 16/2/2019, wherein the Opposite Party No.4 was selected against P.H. category even though he belongs to Boudh District. The Petitioner submitted several representations to the Collector, but to no avail. On 21/10/2017, the District Welfare Officer, Kandhamal (Opposite Party No.3) issued notice to 6 candidates for B.A. Bed. Teacher post for counseling to be held on 30/10/2019, whereby the Opposite Party No.4 was noticed. It is alleged that the Petitioner being the only available candidate under Physically Handicapped category of Kandhamal District should have been called for counseling instead of Opposite Party No.4, who belongs to Boudh District and had originally applied only under SC category.

(3.) The case of the State-Opposite Parties is that though the Petitioner belongs to Kandhamal District and the Opposite Party No.4 to Boudh District, yet as per Resolution dtd. 5/9/2017 of the Government in the Department of Social Security and Empowerment of Persons with Disability, the blind/no vision category of Physically Handicapped candidates shall be given first preference than the other categories. The Opposite Party No.4 is a visually handicapped person whereas the Petitioner belongs to locomotor disability/orthopedically handicapped category. As such, the Opposite Party No.4 was preferred over the Petitioner.