MISS MADHUMITA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner seeks to challenge the selection of opposite party No. 6 as Education Volunteer for the village Kurlukhaman under Chakuliabaha Grama Panchayat within Jamankira Block in Sambalpur Education District and prays to quash the said selection.

(2.) Admittedly the petitioner along with O.P. No. 6 and others applied for being engaged as Educational Volunteer under the Education Guarantee Scheme and Alternative and Innovative Education (for short 'EGS and AIE') sponsored by the Department of School and Mass Education of the Govt, of Orissa. According to the said Scheme, the Village Education Committee constituted under the scheme is required to select the candidates in order of merit as per the stipulations embodied in the Scheme. The Scheme specifically stipulated that selection should be made by the Village Education Committee taking into account the nearest residence of the candidates from the E.G.S. Centre and merit should be adjudged on the basis of marks secured by the candidates in the H.S.C. Examination. The Village Education Committee, it is averred, selected the petitioner as the first preferential candidate and O.P. No. 6 as the third preferential candidate, as O.P. No. 6 belonged to village Ladimahul of Fasimal Grama Panchayat though she was temporarily residing in Chakuliabaha G.P. In support of such averment, the petitioner has filed her residential certificate issued by the Tahasildar. Kuchinda, in Misc. Certificate Case No. 1227 of 2000. The panel prepared by the Village Education Committee was sent to O.P. No. 3, the District Project Officer/Coordinator, and the matter was placed before the District Selection Committee for approval. After scrutiny, the said Committee prepared a provisional select list of candidates to be engaged as Education Volunteers block-wise. It is alleged that the said provisional list was not approved, thereby causing prejudice to the petitioner and she was constrained to move the portals of this Court.

(3.) After receiving notice, a counter affidavit has been filed on behalf of O.P. Nos.3 and 4. Most of the factual averments of the petitioner are admitted. The said opposite parties, however, took a stand that as the petitioner belonged to a different revenue village, i.e., Pandibahal, she could not claim her selection to the post of Education Volunteer as a matter of right in view of Clause 3.2 (iii) of the guidelines, in the counter, a specific stand has been taken that O.P. No. 6 belonged to the very same village, i.e., Kulukhaman, and thus she deserved consideration over the petitioner.