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2002 DIGILAW 420 (ORI)

RAJASHREE MOHAPATRA v. STATE OF ORISSA

2002-07-10

A.K.PATNAIK, M.PAPANNA

body2002
JUDGMENT : A.K. Pattnaik, J. - An advertisement was issued by the Director. Elementary Education, Orissa inviting applications for engagement as Swechhasevi Sikhya Sahayak (in short "SSS") in different educational districts of Orissa. Pursuant to the said advertisement, the petitioner amongst other candidate applied for engagement as SSS at Baneikala Centre in Champua Education District. A prcvisional select list - was prepared for Champua Education District and in the said provisional select list, the petitioner was placed in the 13th position. Thereafter, by a notice dated 8.12.2000 the petitioner was asked to appear on 6.1.2002 at 11.00 A.M. at the Zilla Parishad Office, Keonjhar along with her original documents for verification. The petitioner appeared with her documents pursuant to the said notice. But thereafter she was not placed in the final select list on the ground that she did not ordinarily reside in Champua Education District. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for direction to the opposite parties to engage the petitioner as SSS in Upper Primary School at Baneikala Centre under Champua Education District. 2. Mr. Rath, learned Counsel for the petitioner submitted that the petitioner's mother has been working as a Staff Nurse in the Central Hospital at Joda in Champua Sub-division of keonjhar prior to 1978. The petitioner was also born at Joda. The petitioner passed H.S.C Examination from Joda Valley Girls High School, Baneikala under Champua Sub-division. She also passed +2 Vocational Course from the Government Higher Secondary Vocational School at Matkambeda in the year 1995 which is under Champua Sub-division. Thereafter she passed C.T. Course from the Government Secondary Training School at Remuli in-the year 1999 which is also under Champua Sub-division. She registered her name in the Employment Exchange under Champua Sub-division. Hence, she is a resident of Champua Sub-Division and belongs to Champua Education District. Mr Rath explained that the father of the petition is a resident of village Dhanurjayapur in Keonjhar town and for this reason, resident-certificate was earlier granted by the Revenue Officer, Keonjhar in the year 1997 and the said resident certificate had been filed along with application of the petitioner for the post of SSS. But subsequently when she appeared on 6.1.2001 in the in the office of the Zilla Parishad. But subsequently when she appeared on 6.1.2001 in the in the office of the Zilla Parishad. Keonjhar for verification of her certificates, she was told that a resident certificate showing that she is an ordinary resident of Champua Education District was necessary and the petitioner obtained a certificate from the Tahasildar, Barbil on 11.1.2001 which states that the petitioner ordinarily resides in village Banaikala, P.S. Joda, Tahasil-Barbil which is within Champua Education District. Mr. Rath vehemently argued that since the petitioner had secured 13th position in the select list as per her merit, she cannot be denied engagement as SSS in Champua Education District only the ground that she has got married to Advocate practising at Cuttack or on the ground that her earlier resident/Nativity Certificate indicated that she belongs to Keonjhar Education District and not Champua Education District. 3. Mr. R. Behera. learned Additional Standing Counsel for the School &. Mass Education Department of the Government of Orissa, on the other hand, relied on the averments in the counter-affidavit filed on behalf of opposite parties 3, 4 and 5 and in particular paragraph 5 thereof and submitted that in her application itself the petitioner indicated that she belongs to Keonjhar Education District and along with the application, one submitted a resident certificate issued by the Revenue Officer. Keonjhar to show that she is a resident of village Dhanurjayapur, Town-Keonjhar. Mr Behera also submitted that since the requirement of the advertisement as well as the scheme of the Government in the Government Resolution dated 3.10.2000 for engagement as SSS is that the applicants should be from concerned educational district, the petitioner was not eligible for being considered for appointment to any of the Centres of Champua Education District and for this reason, although she was placed in 13th position in the provisional select list, after verification of certificates her name was struck off from the said select list and she was not given engagement as SSS in Champua Education District. 4. We have perused the Resolution of the Government of Orissa. Department of School & Mass Education, circulated under its Memo dated 30.8.2002 containing the Scheme for engagement of SSS. 4. We have perused the Resolution of the Government of Orissa. Department of School & Mass Education, circulated under its Memo dated 30.8.2002 containing the Scheme for engagement of SSS. Paragraph 4.6, 4.7, 5.1 and 5.2 of the said Resolution which are relevant for the purpose of deciding this writ petition are extracted here under: 4.6 Applications will be invited from eligible candidates of the concerned education district (registered with local/State employment exultances as the case may be) through advertisements in local newspapers as par prevailing instructions of Govt. in this regard. Residential certificate shall be submitted by the candidates as proof of residence in the education district. 4.7 N.F.E. instructors/Supervisor and left out Sikhya Karmies may apply along with Ors. They have to apply with Ors. and complete on merit. 5. Eligibility 5.1 The candidates must have passed H.S.C. examination and C.T. Examination or B.A/B.Sc/B.Com. examination and B.Ed. Examination. 5.2 B.Ed. candidates should have registered their names either in the special employment exchange located at Vani Vihar, Jyoti Vihar. Bhanja Vihar (Bhubaneswar. Sambalpur. Berhampur) or on the State Employment Exchange at Bhubaneswar. C.T. candidates should have registered their name in any employment exchange of the education district. A plain reading of Para 4.6 of the Resolution quote above would show that applications were to be invited from the eligible candidates of concerned education districts registered with local/State Employment Exchanges, as the case may be. through advertisement in local newspaper as per prevailing instructions of the Government and residential certificates were to be submitted by candidates in proof of their residence in the educational district. As to who are eligible candidates to apply has been indicated in Para 5.1 and 5.2 of the Resolution quoted above. Hence, there is difference between 'eligibility' and 'residence' in the Scheme. Persons who do net satisfy the requirements of 5.1 and 5.2 quoted above, are not eligible to apply. But once a person satisfied the requirements of Para 5.1 and 5.2 he is eligible to apply. Such an eligible candidate, however, is to apply for engagement as SSS in any of the Centres of the concerned Educational District of which he is a resident. But once a person satisfied the requirements of Para 5.1 and 5.2 he is eligible to apply. Such an eligible candidate, however, is to apply for engagement as SSS in any of the Centres of the concerned Educational District of which he is a resident. Such a person who is eligible having satisfied the requirements of Para 5.1 and 5.2 does not become ineligible because of the fact that he does no belong to Educational District for which selection is being held but he is to considered for engagement as SSS in the Educational District of which he is a resident. 5. Keeping the aforesaid Scheme in view, we may now examine the facts of the present case. The advertisement was issue by the Director of Elementary Education of Orissa for the entire State and the candidates were supposed to apply for engagement as SSS at particular centres of the concerned educational districts. In response to the said advertisement, the petitioner applied for being engaged as SSS at Banaikela Centre in Champua Education District and in her application she indicated that she belongs to Keonjhar Education District. Along with her application she also submitted a residence certificate which indicated that she belongs to Keonjhar Education District. The application was submitted as far back as on 24.10.2000 by the petitioner. The authorities should nave immediately asked the petitioner to either' produce proof of her residence in Champua Education District or apply for any Centre in the Keonjhar Education District, but that was not done by the authorities and instead, in December, 2000 a provisiooal list was notified for Champua Education District placing the petitioner at 13th position as per her position in the merit list and by notice dated 8.12.2001 issued by the Collector-cum-CEO. Zilia Parishad Keonjhar, the petitioner was asked to appear 6.1.2002 along with her original documents including original residential certificate. In the said notice dated 8.12.2001 also, the petitioner was not informed that the residential certificate she had filed along with her application indicated that she was a resident of Keonjhar Education District and net a resident of a Champua Education District but only at the time when she appeared on 6.1.2002. the petitioner appears to have come to learn that she was required to produce residence certificate in proof of her residence in Champua Education District. the petitioner appears to have come to learn that she was required to produce residence certificate in proof of her residence in Champua Education District. The petitioner has annexed to the writ petition a copy of the residence certificate issued by the Tahsildar. Barbil on 11.1.2001 stating therein that the petitioner ordinarily resides in Banaekela village. P.S. Joda, Tahasil Barbil which is within Champua Education District. 6. In Para 6 of the counter--affidavit filed on behalf of opposite parties 3, 4, and 5, it has been admitted that the petitioner has been staying with her mother at the place of her Service as Staff Nurse in the Central Hospital. Joda till the end of the petitioner's academic career. Hence the fact the petitioner has been staying at Joda has not been disputed by the opposite parties in the r said counter-affidavit that the petitioner did not file the residence certificate within the time limit fixed for submission of all Documents inducing residential certificate i.e. 30 10.2000 by the Director of Elementary Education. Orissa in the said counter-affidavit it has been contended that after the petitioner got married, she was staying with her husband outside Champua Education District since 1996. 7. It is not disputed that the petitioner satisfies the said conditions in Para 5.1 and 5.2. Once the petitioner satisfies the eligibility conditions. She can be considered for engagement as SSS in the educational district to which she beings and the (equipment of proof of residence of the concerned educational district is only to ensure that she is considered and engaged as SSS in the educanonal district to which she beings. A Candidate who satisfies the requirements of Para 5.1 and 5.2 has to De considered for one educational district or the other but she cannot be considered for two educational districts. In this case, the petitioner has not been considered for the Keonjhar Education District and she had applied for Baneikala Centre of Champua Education District. Soon after receipt of her application in October 2001 she should have been told that she could be considered only for the Keonjhar Education Districrand that she should apply for the Keonjhar Education District, instead, her application for the Baneikala Centre in Champua Education District was considered. Soon after receipt of her application in October 2001 she should have been told that she could be considered only for the Keonjhar Education Districrand that she should apply for the Keonjhar Education District, instead, her application for the Baneikala Centre in Champua Education District was considered. After having considered the petitioner and having placed her in 13th position in the provisional select list as per her merit for the Baneikala Centre of Champua Education District the authorities could not nave deleted her name from select list only on the ground that she belongs to Keonjhar Education District or after marriage in the year 1999 she no longer belongs to Champua Education District, particularly when the admitted position is that the petitioner has been staying for quite some years within the Champua Education District. 8. For the aforesaid reasons, we are of the considered opinion that the deletion of the name of the petitioner from the select list of candidates for engagement as SSS for the Champua Education District was arbitrary, unreasonable and under and violative of the rights of the petitioner under Articles 14 and 16 of the Constitution. We accordingly direct that in case the petitioner was entitled to be engaged as SSS as per her position m the merit list, she will be given engagement as SSS in Cnampua Education District by the Collection-com-CEO. Zilla Parishad. Keonjhar (O.P. No. 3). This direction will be complied within two months from the date of receipt of a certified copy of this order along with a copy the writ petitioner with all its annexures from the petitioner. The writ petition is. accordingly allowed. But in the facts and circumstances of the case, there snail be no order as to costs. M. Papanna, J. 9. I agree. Final Result : Allowed