LAWS(ORI)-2004-8-43

PRAMILA KAR Vs. STATE OF ORISSA

Decided On August 10, 2004
Pramila Kar Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Not selecting the petitioner for engagement as a Swechhasevi Sikshya Sahayak in the Primary School under Champua Education District is the grievance of the petitioner. It is averred and asserted by the petitioner that she was born and brought up at village Remuli under Champua Education District. She successfully completed her C.T. Training form the Board of Secondary Education, Orissa as a regular student or Remuli Secondary Training School and she was all along staying with her parents. In response to an advertisement published in daily 'Samaj' on 14th October, 2000 she filed her application for being engaged as a Swechhasevi Sikshya Sahayak in Primary Schools under Champua Education District. She faced rigorous selection tests and was selected, her name being found place at serial No. 3 of the merit list prepared by opposite party Nos. 3 and 4. But then for no rhyme or reason no engagement letter was issued to her while persons who were placed much below her in the selection list were engaged. Being aggrieved by the said illegal action of the authorities, the petitioner approached this Court, vide OJC No. 3350 of 2001. The said writ application was disposed of by this Court on 10.4.2001 directing the petitioner to file a detailed representation before the Collector-cum-C.E.O. of Zilla Parishad, Keonjhar and the latter was directed to consider the said representation strictly in consonance with law. It was further directed that if the Collector-cum-C.E.O. after enquiry arrived at the conclusion that irregularity had been committed in the selection process and the petitioner's case was not duly considered, he could do well to amend the selection list suitably. It is submitted that the Collector-cum-C.E.O. thereafter considered the case of the petitioner along with the cases of the candidates and arrived at the conclusion that the petitioner was married and after her marriage she accepted to stay at her in-law's house outside the Champua Education District. On the basis of such conclusion, the Collector-cum-C.E.O. by a reasoned order rejected the representation of the petitioner. The said order of the Collector-cum-C.E.O. passed on 26.5.2001, vide Annexure-8, is impugned in the present writ petition.

(2.) Learned counsel for the petitioner in course of hearing, relying upon an earlier decision of this Court in 2002 (Supp.) OLR 655 : OJC No. 4415 of 2001 (Rajshree Mohapatra v. State of Orissa and others) disposed of on 10.7.2002, and the stipulations made in the Shewchhasevi Siksha Sahayak Scheme, forcefully submitted that if a candidate belonging to the village where the school is situated satisfied all the criteria, then he/she should be engaged on priority basis. It was submitted that as the petitioner was born and brought up at village Remuli and prosecuted all her education at village Remuli as a permanent resident of that village, as would be evident from the certificate issued by the Tahasildar, the Collector acted illegally and with material irregularity in not allowing the petitioner's representation. It was further submitted that the petitioner has faced rigorous tests and was placed much above in the selection list. Engaging persons who were less meritorious than the petitioner and who were placed much below the petitioner in the selection list was unjust and it is a fit case where this Court may direct the opposite parties to engage the petitioner.

(3.) There is no dispute that the petitioner was born and brought up within the Remuli Education District. But then the petitioner has admitted in Para-2 of the Writ Petition that she was married in the meanwhile and her husband is serving as an Assistant Surgeon. The order Annexure-8 clearly reveals that on receiving information/objection that the petitioner got married during the selection process and after her marriage she had been staying at her in-laws' place at a different village outside the Champua Education District, the authorities thought it just and proper not to engage her as a Swechhasevi Sikshya Sahayak at village Remuli.