GARGABA BISWAL Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) The writ petition is for quashing the order in directing for resignation of service issued by the Sarapanch of Patuapali Grampanchayat under Annexure9 and letter dtd.30.10.20-14 and second selection list dated 10.10.2013 issued by the Panchayat Samiti Officer, Agalpur (Duduka) under Annexure-8 and further to issue direction upon them to allow the petitioner to continue as Jogana Sahayak of Patuapali Grampanchayat in the district of Balangir along with all service benefits.

(2.) The brief fact of the case of the petitioner is that in pursuance to an advertisement published on 16.5.2012 by the Block Development Officer, Agalpur (Duduka) by which applications have been invited to fill up the post of Jogana Sahayak in respect of each Grampanchayat of Agalpur Block, District Balangir. In pursuance thereto the petitioner along with others had applied for appointment as Jogana Sahayak in respect of Patuapali Grampanchayat. The petitioner had submitted all the documents for consideration of his candidature.

(3.) The opposite party State as well as opposite party no.6 have appeared and represented through their counsels who have submitted that although initially the opposite party no.6 has submitted in her application form the total marks secured by her in the CHSE as 413 out of 1100, percentage of marks secured comes to 37.54%. The opposite party no.6 has enclosed the marksheet of CHSE, the authority, on verification, has found that 1100 marks include the total marks of optional subject and 413 is inclusive of the marks secured by her in optional subject, as such subsequently it was calculated out of 900 deducting the 200 marks earmarked for optional subject and calculating it from the actual marks excluding the marks obtained in the optional subject which was 374. The total percentage of marks comes to 41.56% in the CHSE.