New Delhi: The Supreme Court Monday set aside an order of the Orissa High Court that upheld the appointment of a primary school teacher in Singari area of the state.
A two-judge bench of the apex court comprising Justices MR Shah and AS Bopanna held that the High Court had made an error while passing the order as it put reliance on the first selection list, which was set aside by the SAT.
“We are of the opinion that the High Court was not justified and had fallen into error. This is for the reason that the information furnished under the RTI Act showing the name of the respondent at serial number 301 having obtained 114.80 marks was in the select list prepared for the first time, but was the subject matter of litigation and had been set aside. Hence, it was therefore not reckonable,” the SC said.
Significantly, the matter pertains to the selection of a school teacher in 1997. Arati Mohaptra was selected for appointment as teacher in a government primary school in Singari along with 379 others. Mohapatra was awarded 114.80 marks and appointed assistant teacher in 1997.
However, several unsuccessful candidates approached the State Administrative Tribunal in 1999 alleging irregularities and foul play in the selection process. Taking the matter into consideration, the SAT accepted the contention of the applicants and directed the recruiting authority to re-select the candidates.
Under the re-selection process, the last candidate in the general category had secured 111.53 marks, while Mohapatra scored 109.86 marks. This resulted in Mohapatra losing her job and she approached the High Court. The High Court, while passing the order, had taken into consideration the marks obtained by Mohapatra in the first list, which was set aside by the SAT. The Supreme Court held that the High Court ought to have placed reliance on the same when the re-selection list prepared afresh was acted upon appointment.
PNN
