SANGRAM KESHARI MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Writ Petition has been filed challenging the action of the opposite party nos.1 to 4 in not selecting the petitioner in the post of Jr. Radiographer on contractual basis under the C.D.M.O, Jagatsinghpur as well as the appointment of the opposite party no.5 in the said post.

(2.) Short background involved in this case is that the petitioner belongs to S.C. category and pursuant to completion of DMRT Course (having Radiography) under the Institute of Medical and Technological Research, Calcutta in the year 2006 the petitioner was issued with necessary certificate as well as mark sheet as appearing at Annexure-3 (series). Pursuant to the advertisement published in "The Samaj" on 20.12.2006 by the C.D.M.O, Jagatsinghpur inviting application from the eligible candidates for selection in the posts mentioned therein including post of Jr. Radiographer, the petitioner became an applicant and the case of the petitioner was also considered alongwith other similarly situated applicants belonging to S.C. category. In the selection process the opposite party no.5 has been selected and finding the selection of the opposite party no.5 being contrary to the terms of the advertisement, petitioner filed the present Writ Petition assailing the appointment of the opposite party no.5 vide Annexure-7.

(3.) Shri A.K. Mishra-2, learned counsel for the petitioner challenging the order vide Annexure-7 taking this Court to the advertisement vide Annexure-4 more particularly taking this Court to the Sl.no.4 therein involving the category of post Jr. Radiographer submitted that there is specific condition under the heading of qualification that a candidate applying for such post must have passed Radiographer course from any of the three Medical Colleges of the State or from any recognized Private Institutions. Further there is also specific condition indicating therein that the selection of the candidate for the post advertised shall be made on merit on the basis of marks secured in DMRT examination. Further taking this Court to the item no.10 at page 18a of the brief learned counsel for the petitioner submitted that the applicants were required to submit their document on or before 31.12.2006. In the above background of matter taking this Court to the list of document filed by the C.D.M.O, Jagatsinghpur obtained through R.T.I vide Annexure-6 with the heading "Sorted List of applicant for the post of Jr. Radiographer under C.D.M.O, Jagatsinghpurs" and also taking this Court to the Sl.no.2 therein involving the petitioner learned counsel for the petitioner contended that for the petitioner's meeting with the requirements vide column 12 and 13 of the document vide Annexure-6 and for the opposite party no.5 appearing at Sl.no.4 securing less mark than the petitioner as appearing at column no.12, further also taking this Court to the column no.16 the ground of rejection, learned counsel for the petitioner contended that for the petitioner meeting with the requirements in the advertisement through column 13 and having secured more marks than the opposite party no.5 as clearly borne from column 12, there was no occasion for rejection of the case of the petitioner. Learned counsel for the petitioner thus contended that the ground of rejection being a ground outside the condition imposed in the advertisement, the rejection of the case of the petitioner becomes illegal. Consequently claimed that the selection of the opposite party no.5 becomes illegal and it is, in the circumstance, a claim is made by the learned counsel for the petitioner for interference with the selection of the opposite party no.5 vide Annexure-7 by this Court and declaring the petitioner to have been selected for the said post with direction for consequential benefit.