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Orissa High CourtWPC(OA)/1301/2011dismissed for defaultnonprosecution

Sujata Mali v. State Of Odisha

2022-07-05Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No. 1301 of 2011 Sujata Mali ....

Petitioner None -versusState of Odisha & others ....

Opp. Parties Mr. S.S. Patra, ASC

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

05.07.2022 02.

1.

This matter is taken up through hybrid mode.

RJ 2.

The writ petition has been registered before this Court on 20th November, 2021, after the original application was transferred from the learned Odisha Administrative Tribunal, Principal Bench, Bhubaneswar upon its abolition. 3.

On perusal of the available order sheets of the learned Tribunal, it is indicated that notices were issued on 16.11.2011, the interim prayer was considered and the matter was deferred for further consideration for the interim prayer and thereafter the matter having been listed on several occasions was not taken up/pursued after 02.01.2013.

4.

None appears for the petitioner, when the matter is called. 5.

The O.A. was filed by the applicant/petitioner before the learned Tribunal in the year 2011, the applicant being a candidate for selection of Junior Clerk belonging to SEBC category pursuant to the recruitment test held on 26.06.2011 and Computer Test on 06.09.2011 by the Collector, Koraput as per the Advertisement dated 10.03.2011.

6.

Learned ASC referring to the counter on behalf of opposite parties 2 and 3 filed before the learned Tribunal dated 07.02.2012, copy of which was served on the learned counsel

// 2 // for the petitioner on 22.02.2012, submits that the distribution of the posts amongst all the categories like UR, SC, ST, SEBC as well as the reservation of women in each of the category has been done based on post based reservation following the "Roster" as per ORV Act and Rules.

7.

Learned ASC draws attention to the statements made in the counter which is without any paragraph number (page-35 of the brief) that the applicant had secured 92nd position in the merit list whereas the last woman selected under that category secured 86th position in the merit list. Hence the applicant did not qualify to be selected under SEBC (Women) category. 8.

Having heard learned ASC, the writ petition is dismissed for non-prosecution.

(M.S. Sahoo) Judge