LAWS(ORI)-2008-3-74

KANIKA DEY Vs. TRUPTIRANI PANDA AND ORS.

Decided On March 20, 2008
Kanika Dey Appellant
V/S
Truptirani Panda And Ors. Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 24(c) of the Orissa Education (Amendment) Act, 1998 assailing the order dated 10th August, 2007 (Annexure -9) passed by the learned Presiding Officer, State Education Tribunal, Orissa, Bhubaneswar in GIA Case No. 82 of 2005.

(2.) SHORN of unnecessary details, the short facts of the case are as under:

(3.) THE submissions of Mr. Misra are strongly repudiated by Miss Panda, learned Counsel appearing for Respondent No. 1. According to her, the minimum eligibility of mark for being appointed as a Lecturer was 54% as decided by the State Government. Respondent No. 1 had secured such mark in the P.G. Degree Examination and it cannot said that she was not eligible. She further submitted that as Respondent No. 1 had satisfied the eligibility criteria she was called to the interview along with the Appellant and other candidates. In the interview her performance being better than the Appellant she was placed at S.I. No. 1 in the select list. Thus for determining seniority of the candidates what was material was the position secured in the interview and not the marks secured in P.G. Degree Examination. She further submitted that the Governing Body after appointing Respondent No. 1 against the first post had committed an error in referring the matter to the Director who had absolutely no jurisdiction to change the position in the select list. The Tribunal considered all the facts and submissions and the conclusions arrived at by it are just and proper and call for interference of this Court.