BINOD BIHARI BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition the petitioner, being an applicant for being engaged as Sikshya Sahayak in the B.A. B.Ed. category pursuant to the advertisement issued by the Collector, Jharsuguda, opposite party no.2, on 14.9.2011, seeks the relief of quashing the final merit list and selection letter issued in favour of Rajashri Behera, opposite party no.5, for engagement as Sikshya Sahayak. His further prayer is that instead of opposite party no.5, he should be engaged and necessary direction should be issued to opposite party no.2.

(2.) THE petitioner being a member of the Scheduled Tribe untrained candidate applied for the post of Trained Graduate Arts Teacher (Sikshya Sahayak) as per the advertimenet issued by opposite party no.2 bearing No.1138 dated 14.9.2011. The petitioner having B.A. qualification applied for the post of Trained Graduate Arts Teacher along with other applicants as per the advertisement. It is contended that the petitioner, as per the aforesaid advertisement, he applied for the post of Trained Graduate Arts (Sikshya Sahayak) meant for Physically Handicapped. The petitioner is an untrained Physically Handicapped Graduate candidate and his candidature was to be considered for the aforesaid post if no other trained physically handicapped candidate were available in the district of Jharsuguda as per the terms of the advertisement.

(3.) THE grievance of the petitioner is that opposite party no.5 was allowed to produce her certificate in original for verification with the Medical Certificate, Character Certificate with her agreement in stamp paper in District Welfare Office, Jharsuguda on 22nd and 23rd December, 2011. After verification of all the documents of opposite party no.5 by opposite party no.2 she was selected in the B.A., B.Ed. Arts Teacher (Sikshya Sahayak) Post.