JAMUNA SINGH Vs. COLLECTOR, BALSORE

JUDGEMENT

(1.) Heard Mr. Pattnaik, learned counsel appearing for the petitioner, learned counsel appearing for O.P. No. 6 and learned Addl. Standing Counsel appearing for the State. None appears for O.P. No. 5. It is submitted on behalf of petitioner that since O.P. No. 5 has resigned from the post, her counsel is not appearing in the case: In that view of the matter, the case is taken up in the absence of O.P. No. 5.

(2.) The facts of the case are not in dispute. The petitioner, O.P. No. 5 and another submitted their applications for the post of Cook-cum-Attendant of the Barapada Ashram School, Balasore pursuance to the advertisement issued by the District Welfare Officer, Balasore (O.P. No. 3). In that selection process which was taken up on 5.7.2011, Sangita Murmu (O.P. No. 5) was shown as 10th fail having secured 198 marks out of 750 in Class X. The minimum educational qualification for applying for the post is 8th pass. On the basis of the marks obtained by OP. No. 5 she was selected and posted as the cook of the Ashram School. The stand of the petitioner is that the School Leaving Certificate (Annexure-5) submitted by O.P. No. 5 is fake one and as such her appointment is illegal. But for her misrepresentation, the petitioner would have come out successful in the selection process and would have been appointed as the Cook-cum-Attendant of the Barapada Ashram School, Balasore. It is seen that in the School Leaving Certificate (Annexure-5) issued in favour of Sangita Murmu (O.P. No. 5) she was shown to have 10th appeared but failed. However, the certificate makes her eligible for the post as she has already passed 8th standard. Further the communication dated 26.9.2011 (Annexure-4) obtained under R.T.I. Act shows that the Headmaster of B.U.S. Bidyapitha, Kakaboral in the district of Balasore has intimated that on verification of the school record the name of Sangita Murmu, Mother-Malli Murmu, Father-Maheswar Murmu, Vill/P.O. Bidu Bazar, P.S. Nilgiri, Dist. Balasore was not found either in the admission register or T.C. Book. Therefore, the Headmaster further intimated that she was not a student of that school and had not appeared in the Supplementary or HSC Examination of the year 1999 through that school. Such communication shows that O.P. No. 5 has relied upon a forged document.

(3.) In the counter-affidavit filed on behalf of the Collector, Balasore (O.P. No. 1) and District Welfare Officer, Balasore (O.P. No. 3) at paragraph-10 it is submitted that in the meantime O.P. No. 5 has already submitted her resignation on 21.8.2012 to the Headmaster, Barapada Ashram School who has accepted the same with intimation to the District Welfare Officer, Balasore O.P. No. 3. O.P. No. 3 also avers at paragraph-8 of the counter-affidavit that the documents submitted by O.P. No. 5 ate fake.