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Orissa High CourtWP(C)/14919/2022disposed off

Siddharth Dwivedi v. State Of Odisha

2022-06-21Dr. Justice S.K. Panigrahi3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.14919 of 2022 Siddharth Dwivedi ....

Petitioner Mr.Soubhagya Swain, Advocate -versusState of Odisha & Anr.

....

Opp. Parties Mr.Saswat Das,AGA Mr. Arnab Behera,Adv.

(for O.P.S.C/O.P.No.2)

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

21.06.2022 Order No.

1.This matter is taken up through hybrid mode. 2.Heard.

3.The petitioner has preferred this writ petition assailing the order dated 20.05.222 under Annexure-1 passed by opposite party No.2/OPSC having rejected candidature of the petitioner applied for the post of Assistant Professor, Physics in University on the ground of dual degree (M.Sc & Ph.D) without having two separate mark sheets.

4. The brief facts of the case are that as per Odisha Public Service Commission (hereinafter called "OPSC") an advertisement vide No.08/ 2020-21 was published for recruitment to the post of Assistant Professor in different

// 2 // State Public Universities under the administrative control of the Higher Education Department wherein Clause-4 of it, has prescribed educational qualification for the aforesaid posts. Hence, the petitioner having fulfilled all criteria applied for the post of Assistant Professor, Physics through OnLine Portal of OPSC and uploaded his documents like separate certificates for M.Sc. and Ph.D and one mark sheet issued by the IIT Bombay without segregating marks of M.Sc. & Ph.D. which were verified and accepted. But, subsequently, the opposite party No.2 rejected the application of the present petitioner on the ground of dual degree having no separate mark sheets.

5. Learned counsel for the opposite party No.2/OPSC submits that since the petitioner has failed to show the segregation of marks in M.Sc. and Ph.D during the verification, his candidature has been rejected.

6. It is needless to mention here that in fact the petitioner has possessed separate certificates in both M.Sc and Ph.D but one mark sheet has been issued by the institute without segregating the marks in M.Sc and Ph.D. The petitioner has no authority over the issuance of mark

// 3 // sheet by the IIT Bombay as they follow a system of single mark sheet for the dual degree.

7. However, considering the facts and submissions made, the writ petition is disposed of directing the petitioner to approach the Conptroller of Examination, IIT, Bombay to obtain the segregated mark sheets for M.SC. and Ph.D within fifteen days and produce the same before the opposite party No.2/OPSC immediately thereafter. In such event, the opposite party No.2/OPSC shall consider his candidature as early as possible preferably within a period of fifteen days from the date of receipt of certified copy of the order along with the necessary documents.

8. With the aforesaid observation, the Writ Petition is accordingly disposed of.

9. Issue urgent certified copy of the order as per Rules. ( S.K. Panigrahi) Judge LB