PANCHANAN RANA Vs. COLLECTOR-CUM-C.E.O.

JUDGEMENT

(1.) This petition challenges the order dated 25.4.2008 passed by the Project Director, District Rural Development Agency, Bargarh, opposite party no.2, disengaging the petitioner from the post of Gram Rozgar Sevak, vide Annexure-6.

(2.) The case of the petitioner is that the Project Director, District Rural Development Agency, Bargarh, opposite party no.2, issued an advertisement on 13.8.2007 to fill up the posts of Gram Rozgar Sevak (hereinafter referred to as "the GRS") in respect of 248 Gram Panchayats of Bargarh District. The petitioner applied for the post. He was selected and empanelled in the G.P. wise panel list under Bijepur Block. Thereafter, the Sarpanch, Sanbausen G.P issued a letter on 14.11.2007 appointing him as GRS in Sanbausen G.P, vide Annexure-3. While the matter stood thus, the Collector, Bargarh, opposite party no.1, issued a show cause notice on 31.3.2008 to the petitioner to disengage him from the post and engage opposite party no.4 in his place on the ground that opposite party no.4 has secured more marks than the petitioner. He submitted reply on 14.4.2008. On 25.4.2008 the P.D., DRDA sent a letter to the Sarpanch stating therein that on examination of mark sheet and other document at DRDA level, it was found that the opposite party no.4 has passed +2 examination compartmentally. The 1st mark sheet of +2 examination issued by CHSE, Bhubaneswar in favour of opposite party no.4 reveals that he has secured 388 marks. Subsequently on repetition he has secured 30 marks in English in 1st +2 examination and 91 marks in compartmental examination. After recalculation, his total marks became 449 (388+91-30). The marks secured by opposite party no.4 is highest. Thus he is eligible to the post of GRS. The Collector, Bargarh directed to disengage the petitioner and engage opposite party no.4.

(3.) An additional affidavit has been filed by the opposite party no.2. It is stated that the applicants were required to submit the applications in complete respect. Pursuant to the same, the petitioner, opposite party no.4 and five others applied for the post of GRS. The petitioner was selected. At the time of scrutiny of marks of the candidates obtained in +2 examination, it was found that the petitioner had secured more marks than opposite party no.4. Accordingly, he was provisionally selected and engaged as GRS. Thereafter, opposite party no.4 submitted a representation. On receipt of the same, opposite party no.1 directed an enquiry and it was found that opposite party no.4 had secured more marks than the petitioner.