GHANAKESHI SAHU Vs. DIRECTOR ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE Petitioner has filed this Writ Application with a prayer to direct the opposite parties to engage her as a Swechhasevi Sikshya Sahayak (in short 'S.S.S.') under Hindol Education District in pursuance of the advertisement issued by Opp. Party No. 1, vide Annexure 1 and the selection made thereto by the Selection Committee under the notification issued under Annexure 4.

(2.) THE case of the petitioner, in brief, is that she was a Matric C.T. and has subsequently acquired +2 qualification. She being a hearing impaired person was declared to be Physically Handicapped with 50% disability as per the certificate, Annexure 2. She also belongs to Socially and Economically Backward Class ('SEBC in short). Pursuant to the advertisement issued by Opp. Party No. 1 for engagement of S.S.Ss. in different education districts of the State (Annexure 1) the petitioner applied for engagement as S.S.S. under Hindol Education District. As per the selection made by Opp. Party No. 2 her name was placed at SI. No. 49 in the provisional select list of 54 candidates as per the notification, Annexure 4. According to the petitioner, the number of vacancies notified under Hindol Education District was 44. It is stated that the petitioner came within the category of 'Sports and Physical Handicapped C.T. and B.Ed. Candidates' and among such category of candidates she was placed in 2nd. Position. The candidate who stood first belonged to general category and as such the petitioner being SEBC her position would be SI. No. 1 among the 'Sports and Physical Handicapped C.T. and B.Ed. Candidates'. Annexure 4 to the Writ Application also confirms the fact that the petitioner's serial number was 49 in the provisional list of selected candidates and she belonged to SEBC Female and Physically Handicapped. While the petitioner was waiting for her engagement, she found from the notification issued by Opp. Party. No. 2 on 17.7.2001 (Annexure 5) that 19 candidates from Matric C. T. category were finally selected for engagement as S.S.S. but the name of the petitioner did not find a place in the said final select list. The specific allegation of the petitioner is that even though one Akhil Kumar Garnaik, whose SI. No. was 51 having secured 82% marks (combined marks under Matric C. T. Category) and ranked below the petitioner, whose SI. No. was 49 having secured 87.5% marks, in the select list under the category of 'Sports and Physical Handicapped C.T. and B.Ed. Candidates', his name was notified in the final select list (Annexure 5) at SI. No. 19 whereas the petitioners name did not find a place in the final select list. Challenging the aforesaid action of the opp. parties in not including her name ir, the final select list, Annexure 5 the petitioner has filed this Writ Application for the relief indicated hereinabove.

(3.) THIS Writ Application was heard along with OJC No. 4856/2001 (Orissa Association for the Blind and others v. State of Orissa and others) in which judgment has been delivered today. While the petitioners in the aforesaid OJC No. 4856/2001 challenged the action of the authorities in depriving the blind candidates of engagement as S.S.S., the petitioner in this case, a hearing impaired candidate, challenges the action of the opposite parties in depriving her of the engagement as S.S.S., and seeks direction to the opposite parties to engage her. The petitioners in both the Writ Applications have taken resort to 1995 Act, more particularly Section 33 thereof. OJC No. 4856/2001 has been disposed of by me today holding that the action of the Selection Authorities in ignoring the cases of blind candidates for engagement as S.S.S. was illegal in the absence of any notification in the Official Gazette exempting the Schools and Mass Education Department from the application of the provisions of Section 33 of the 1995 Act or any resolution of the State Government to debar the blind candidates from being engaged as S.S.S.