Article 226 | No Appointment from a Poisoned Tree: Orissa High Court

“Granting the relief claimed by the petitioner... would tantamount to giving a seal of approval to the illegal selection process”— In a decisive ruling, the Orissa High Court, comprising Justice Sashikanta Mishra, dismissed a writ petition seeking appointment from a recruitment process that was admittedly tainted by fraud and irregularities.

The Court held that when a selection process is vitiated by non-transparency and violation of guidelines, the only legal remedy is to scrap the entire process and start afresh. A candidate cannot demand appointment based on a merit list generated through an illegal process, even if they argue they were the rightful winner.

The Controversy: A "Manufactured" Tie

The dispute arose from the selection of a Master Book Keeper (MBK) for the Maitapur Gram Panchayat Level Federation (GPLF). The Petitioner, Urmila Kar, and Opposite Party No. 6 were shortlisted. Interestingly, the merit list showed both candidates secured identical marks. However, Opposite Party No. 6 was selected on the basis of being senior in age.

The Petitioner alleged foul play, contending that the Selection Committee had interpolated and tampered with the mark sheet to artificially boost the score of Opposite Party No. 6, thereby creating a tie to favor her.

Upon a complaint, the Collector, Balasore directed an inquiry. The District Project Manager’s report confirmed that the selection was non-transparent and violated the Odisha Livelihoods Mission Guidelines. Consequently, the Collector ordered the Block Development Officer (BDO) to scrap the result and conduct a "re-look" (fresh selection).

"Appoint Me, Don't Scrap It"

The Petitioner approached the High Court arguing that since the fraud was committed specifically to favor Opposite Party No. 6, the Court should simply remove the beneficiary of the fraud and appoint the Petitioner, who had secured the highest marks legitimately. She argued that ordering a fresh selection punished her for the Committee's wrongdoings.

Illegality Vitiates the Entire Process

Justice Sashikanta Mishra rejected this argument, emphasizing that the sanctity of the recruitment process is paramount. The Court observed that the inquiry report did not just find an error in calculation but revealed that the "selection process was itself found to have been conducted contrary to the guidelines."

The Court reasoned: “It goes without saying that if a set of guidelines is in place, there can be no option but to follow the same. Thus, if the selection process is found to have been vitiated, the whole process has to be scrapped.”

No Fruit from a Poisoned Tree

The Court held that acceding to the Petitioner’s request would force the State to act upon a selection list that has no legal standing. The Court noted:  “Obviously, not only Opposite Party No.6 but she [the Petitioner] too cannot be a beneficiary of such illegality.”

The High Court upheld the Collector's order dated 11.03.2022, ruling that a fresh selection was the only way to restore faith in the process. The Petitioner was granted liberty to participate in the new selection process.

Date of Decision: 28/11/2025