BANAJA KUMARI BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India assailing the order dated 01.03.2017 passed by the State Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.4460(C) of 2014 whereby and where under the grievance raised by the petitioner regarding her selection as TGT (Arts) has been rejected.

(2.) The brief fact of the case is that the petitioner who belongs to Scheduled Caste category, having requisite qualification for consideration for selection against Trained Graduate Teacher (Arts), applied for being considered as T.G.T. (Arts) in pursuance to the advertisement published in the daily newspaper dated 6.6.2013, the case of the petitioner was considered under Scheduled Caste Category and she has been placed under the Scheduled Caste category at sl. No.2 and above her one Purnima Nayak has also been selected having her name appears at sl. no.5 of the merit list who subsequently has tendered her resignation.

(3.) While on the other hand learned counsel representing the opposite party - State of Odisha has vehemently argued that case of the petitioner has been considered, she having been found at sl. no.2 in the merit list and after selection of the candidate who stands at sl. no.1 she remained at sl. no.1 in the waiting list but due to vacancy having been filled up pursuance to the advertisement she has not been appointed.