Dibyalochan Pradhan v. Collector,Sundargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C (OAC) No.390 of 2014 Dibyalochan Pradhan ....

Petitioner -versusCollector, Sundargarh ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

16.3.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard Mr. Barik, learned counsel on behalf of Mr. U.K. Samal, learned counsel for the Petitioner and Mr. M. Balabantaray, learned Standing Counsel for the State. 3.

This Writ Petition has been filed by the Petitioner challenging the advertisement dated 11.07.2013 issued by Collector & District Magistrate, Sundargarh to fill up different categories of Revenue Field Staff Posts in Sundargarh District under the administrative control of the Collector, Sundargarh.

4.

It is submitted by Mr. Barik, learned counsel for the Petitioner that without following the posts earmarked for the post of Revenue Inspector in Scheduled Caste Category, selection was made of Scheduled Caste women candidate and accordingly the Petitioner was deprived from being selected and appointed. On being noticed, Collector, Sundargarh filed a counter affidavit justifying the selection

// 2 // process and copy of the said counter was duly received by the learned counsel for the petitioner on 20.01.2017. In spite of receipt of the counter affidavit on 20.01.2017 no rejoinder was filed by the Petitioner herein controverting the stand taken in the counter affidavit.

5.

After going through the counter filed by the Collector, Sundargarh, I found that the Petitioner because of his securing lower mark, has not been selected and the allegation made by the Petitioner that as against Scheduled Caste category Scheduled Caste female candidates have been appointed, I found in the counter that both the two Scheduled Caste female candidates having secured more marks than the Petitioner, they were appointed against Scheduled Caste vacancies. 6.

Be that as it may, since no rejoinder has been filed controverting the stand taken by the Collector, Sundargarh in his counter, I am constrained to accept the stand taken in the counter. Therefore, I found that the Petitioner has no ground to challenge the selection process and the selection has been done by following due procedure. 7.

Accordingly, I find no merit in the Writ Petition and the same is dismissed.

(Biraja Prasanna Satapathy) Judge Subrat