LAWS(ORI)-2015-11-7

SAPNESWAR PRADHAN Vs. STATE OF ORISSA AND ORS.

Decided On November 06, 2015
Sapneswar Pradhan Appellant
V/S
State of Orissa and Ors. Respondents

JUDGEMENT

(1.) THIS writ petition has been filed for issuance of direction upon the opposite parties to appoint the petitioner as Sikshya Sahayak under Multi Lingual Education Programme in the district of Kandhamal.

(2.) BRIEF facts of the case is that in pursuance to the advertisement No. 5899 dated 6.8.2013 by which applications were invited from the eligible candidates for engagement of Sikshya Sahayak under Multi Lingual Education Programme in various tribal dominated districts of the State. For governing the recruitment system the government has come out with the resolution dated 6.8.2013 issued in the name of the His Excellency Governor of the State and the procedure for selection has been made therein. Provision has been made for selection to be made on the basis of the merit i.e. on the basis of percentage of marks with proficiency in tribal language of the community as would be evident from clause 5.3 of the resolution dated 6.8.2013 and further in clause 5.3(a) it has been provided that merit list will be prepared based on the total percentage of marks secured by the candidates in HSC examination, Higher Secondary(+2) examination and 2 year Diploma in Elementary Education (C.T.) examination.

(3.) LEARNED counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in the case of K. Manjushree v. State of Andhra Pradesh and another reported in : (2008)3 SCC 512.