LAWS(ORI)-2008-1-59

ASHOK KUMAR PANDA Vs. STATE PROJECT DIRECTOR

Decided On January 04, 2008
ASHOK KUMAR PANDA Appellant
V/S
State Project Director Respondents

JUDGEMENT

(1.) THE Petitioner, who was one of the applicants for his engagement as Sikhya Sahayak under Pattamundai Block in the district of Kendrapara, has filed this Writ Petition for a direction to the Opposite Parties to reconsider his case for his engagement as Sikhya Sahayak as per the Additional provisional merit list (Annexure -4).

(2.) HEARD Mr. Barik, Learned Counsel for the Petitioner and Mr. H.P. Rath, Learned Standing Counsel for School and Mass Education Department.

(3.) MR . Rath, Learned Standing Counsel submits that the principles decided in the case of Chandramani Jena and Ors. v. State of Orissa reported in 2007 (II) OLR 577, cannot be made applicable to this case, since in the said case this Court has observed that none of the applicants can be discriminated on the ground of residence, but in the instant case even though the Petitioner belongs to Kendrapara Block, he has fraudulently obtained resident certificate in respect of Pattamundai Block and by utilizing that forged certificate he has applied for the post and accordingly his name finds place at SI. No. 2 of the aforesaid Additional provisional merit list. When it was detected that even though the Petitioner belongs to Kendrapara Block and he has applied to be engaged as Sikhya Sahayak in Pattamundai Block by utilizing that forged certificate, his name was deleted from the select list.