CHITTARANJAN MOHANANDIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 12.12.2005 passed by the Orissa Administrative Tribunal in Original Application No. 1166 of 2005 observing that in the limited scope of adjudication, it would meet the ends of justice if the respondents are directed to consider the candidature of the applicant within the ambit of rules and procedures as well as preference decided by the Government and if the applicant is found suitable for appointment by merit to a post available after allowing preference to local candidates, then there would be no bar to his appointment.

(2.) THE brief facts of the case are that the Chief District Medical Officer, Kanchanalak at Phulbani issued an advertisement on 17.7.2005 inviting applications in the prescribed format from the eligible candidates for appointment to various posts including the post of attendant/sweeper on consolidated salary. One of the conditions was that the candidates belonging to Kandhamal district would be given preference and the appointment was purely temporary and may be terminated at any time without assigning any reasons thereof and the selected candidates will have to submit an undertaking to the effect that they will not claim any Government/regular appointment in future. Thereafter a corrigendum was issued on 21.8.2005 in which the criteria for selection and eligibility for the post of Attendants and Sweepers was mentioned according to which selection of candidates shall be made on merit on the basis of marks secured in M.E. School Certificate Examination only and there shall be no viva voce test.

(3.) THERE is no doubt that the petitioner secured 140 marks in the M.E. School Certificate Examination. The last candidate who was selected from the general category had secured 125 marks in the M.E. School Certificate Examination i.e. much lesser mark than the petitioner. However, the appointment of the petitioner has been denied on the ground of place of birth. Article 16 of the Constitution so far as relevant reads as under: 16(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. 16(2). No citizen shall, on grounds only of religion, race caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.