Headnote
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The petitioner challenged the Resolution dated 12.05.2017 of the Appointment Committee of Kajalaipalli Service Co-operative Society Ltd., Nayagarh, whereby the result of selection for the post of Contractual Secretary was declared placing opposite party No.7 (Ranjan Kumar Sahoo) at first position and the petitioner at second position. The petitioner contended that while the Appointment Committee rightly deleted 5 marks awarded to opposite party No.7 for a postgraduate qualification (MA/MSc/MCom/MCA/MBA/LLM) not stipulated in the advertisement, it wrongly and simultaneously deleted 5 marks awarded to the petitioner under the head 'Knowledge in Computer Application', which was a valid criterion under the advertisement.
The dispute arose from a recruitment process initiated by the Kajalaipalli Service Co-operative Society Ltd. by an advertisement dated 13.05.2016 inviting applications for filling up the post of Contractual Secretary on a mark basis. Of the four applicants, only the petitioner and opposite party No.7 were found eligible. On the petitioner's objection that opposite party No.7 was incorrectly awarded marks for a postgraduate qualification not required under the advertisement, a fresh meeting was convened on 12.05.2017. The Appointment Committee, while deleting those marks, also deducted marks awarded to the petitioner for computer knowledge, resulting in opposite party No.7 retaining first position.
The writ petition under Articles 226 and 227 of the Constitution of India was filed to quash the Resolution dated 12.05.2017 and to direct the authorities to appoint the petitioner to the post of Secretary of Kajalaipalli Service Co-operative Society Ltd. The Court examined the legality and fairness of the Appointment Committee's decision and the manner in which marks were awarded and deducted during the re-evaluation process.
Catchwords:
Co-operative society
contractual secretary
mark-based recruitment
appointment committee
re-evaluation of marks
computer knowledge
postgraduate qualification
Articles 226 and 227
certiorari
mandamus
Odisha Co-operative Societies
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Full Judgment Text
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{
"title": "Sujit Kamar Nayak vs State Of Odisha",
"case_number": "W.P.(C) No.15931 of 2017",
"side": "service",
"date_of_judgment": "2025-03-20",
"bench": "Justice Murahari Sri Raman",
"reportable": false,
"parties_petitioner": "Sujit Kamar Nayak",
"parties_respondent": "State of Odisha and Others",
"result": "other",
"headnote": "The petitioner challenged the Resolution dated 12.05.2017 of the Appointment Committee of Kajalaipalli Service Co-operative Society Ltd., Nayagarh, whereby the result of selection for the post of Contractual Secretary was declared placing
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