CHANDRAMANI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE three writ petitions have been filed with a prayer for declaring Clause 4.1 of the advertisement which is under Annexure -6 to W.P.(C) No. 14981 and 14133 of 2006 and Annexure -3 to W.P. (C) No. 1855 of 2007 as illegal, discriminatory and unconstitutional being violative of Articles 14 and 16 of the Constitution of India. The petitioners in these writ petitions claim that they have requisite qualification and eligibility for being appointed in the post of Swechhasevi Sikshya Sahayak and they intend to make application for such posts. But, in view of the impugned Clause 4.1 in the advertisement, which seeks to confine such appointment only to the residents of the block in question in which the appointment will take place, they cannot make the application.

(2.) THE advertisement in question is in Oriya language, but the same has been translated into English. The relevant clause which is impugned in these writ petitions is as follows: 4.1 For engagement of block -unit wise Sikshya Sahayak, there will be a selection committee under the Chief Executive Officer -cum -Collector under the Zilla Parishad. In the Committee the concerned Inspector of Schools, District Inspector of Schools, District Welfare Officer, District Employment Officer, District Project Co -ordinator (S.S.A.) will be the members of the Committee. The concerned District Project Co -ordinator/(SSA) will be the convenor of the Committee. The said Clause 4.1 came into existence by. virtue of the Resolution which was initially dated 31.5.2006, but the same was amended by corrigendum dated 12.10.2006. By the said corrigendum the words 'block unit' have been substituted in place of the words 'education district'. The expression 'block unit' means the Panchayati Raj Block as defined by the Panchayati Raj Department and includes the Urban Local Bodies situated in the same Block headquarters or adjourning to the same block headquarters.

(3.) LEARNED Counsel, for the petitioners has submitted that such stipulation in the advertisement is wholly violative of the provisions contained in Article 16 of the Constitution of India. Learned Counsel for the petitioners has relied on the provisions of Article 16(2) of the Constitution of India and urged that the Constitution gives fundamental right to every citizen to equal opportunity in the matter of employment or appointment under the State. It has further been asserted that no citizen shall be subjected to any discrimination on the various grounds and one of such ground is the place of residence. In the instant case, the discrimination on the ground of residence which has been prohibited in the Constitution is being introduced at the instance of the State.