Rangala Devikumari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.881 of 2022 Rangala Devikumari ....

Petitioner K. Mohammad, Adv.

-versusState of Odisha and Ors.

....

Opposite Parties Mr. G.R. Mohapatra, ASC Mr. Biplaba Mohanty, SC (for S & ME Deptt.)

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

18.10.2022 4.

1. This matter is taken up through hybrid mode.

2. Learned counsel for the parties are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsel for the parties and the order is passed accordingly as follows:-

3. On a careful consideration of the respective contentions and in the light of the qualitative and quantitative discussions mentioned supra, this Court is of the considered view that the petitioner cannot be denied the right to be considered for appointment to the said post under the 'S.E.B.C' category once there is no dispute that

// 2 // she belongs to such category. Admittedly, there was no lapse on the part of the petitioner who had applied to obtain the said certificate much prior to the date of document verification round and she cannot be made to suffer simply on account of the fact that the authorities have taken considerable time in making available the said certificate.

4. In view of the above discussion and considering the ratio of Tejpal Singh's judgment (supra), this Court extends the benefit of reserved category to the petitioner. The Opposite Parties are directed accordingly to consider the application of the petitioner against the S.E.B.C. category within a period of one month and accordingly announce the result taking into account the relaxation available to the candidates.

5. In light of the aforesaid discussion and having regard to the present position of law, the present Writ Petition is hereby allowed.

(Dr. S.K. Panigrahi) Judge B.Jhankar