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2014 DIGILAW 356 (ORI)

ASHUTOSH MISHRA v. STATE

2014-06-18

A.K.GOEL, A.K.RATH

body2014
ORDER (Dr. A.K. Rath, J.) Challenge is made to the orders dated 5.5.2014 and 25.3.2014 passed by the learned Single Judge in RVWPET No.61 of 2014 and W.P.(C) No.18941 of 2008 respectively. Respondent no.9 filed W.P.(C) No.18941 of 2008 challenging, inter alia, the selection of the appellant as Grama Rojagar Sevak of Solopata Gram Panchayat with a further prayer to direct the Collector, Nayagarh and the Project Director, District Rural Development Agency, Nayagarh to consider his candidature for the said post. It is submitted on behalf of the writ petitioner that he secured highest marks amongst the candidates. It is further submitted that no letter was sent by the authority to him for verification of the certificates. In the counter affidavit filed by the contesting opposite parties, it is admitted that the writ petitioner has secured highest marks amongst the candidates applied for the post of Gram Rojagar Sevak. But then his candidature was not considered on the ground that he did not produce his original certificates for verification on the date fixed, i.e. on 14.7.2008. The petitioner has obtained the document under the R.T. I. Act. The information supplied to the petitioner by the Office of the D.R.D.A., Nayagarh shows that as many as 85 letters were sent to 85 candidates under a single certificate of posting on 11.7.2008 at 12.30 P.M. directing the candidates to produce documents for verification on 14.7.2008. Learned Single Judge came to hold that 11.7.2008 was a Friday, 12.7.2008 was a second Saturday and 13.7.2008 was a Sunday. It is further observed that prima facie, it could be inferred that there was mala fide on the part of the opposite parties to prevent the petitioner from producing certificates for verification on the date and time fixed. We fail to understand as to why the Government officials sent the letter to the candidates under a single certificate of posting giving them short time to produce the documents for verification on 14.7.2008. There was undue haste on the part of the authorities sending letters under certificate of posting and granting three days to complete the selection process. We fail to understand as to why the Government officials sent the letter to the candidates under a single certificate of posting giving them short time to produce the documents for verification on 14.7.2008. There was undue haste on the part of the authorities sending letters under certificate of posting and granting three days to complete the selection process. In view of the same, learned Single Judge is quite justified directing the Collector, Nayagarh and the Project Director, District Rural Development Agency, Nayagarh to give an opportunity to the petitioner to get his documents verified and after getting documents produced by the petitioner verified, they shall issue engagement letter to the selected candidate. The writ appeal is dismissed accordingly.