p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 426 of 2026 Prabhat Kumar Mallia …. Appellant Represented by Adv.– Mr. Ambika Prasad Ray, Advocate -Versus- State of Odisha and others …. Respondents Represented by Adv.– Mr. Sanjib Kumar Swain, Addl. Govt. Advocate CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 30.03.2026 01. 1. The instant writ appeal arises from a judgment and order dated 09.02.2026 passed by the Single Bench in W.P.(C) No.25528 of 2021 by which the writ petition filed by the petitioner is dismissed. The petitioner claimed that he is a Local Self-Government Diploma (for short, “L.S.G.D.”) Certificate Holder since 1999 in terms of the provisions contained under the Odisha Municipal Rules, 1953 and, therefore, he is entitled to be appointed/engaged as a Junior Assistant. 2. The petitioner claims to have participated in the selection process but since no merit list was prepared for the eligible candidates, an approach was made to this Court in W.P.(C) No.18586 of 2013. The said writ petition remained pending for nearly six years until disposed of on 02.04.2019 permitting the petitioner to make a representation before the competent authority which was further assailed by the petitioner in W.A. No.219 of 2019. The said writ appeal was disposed p. 2 of on 12.09.2019 taking into consideration the Odisha Local Fund Service Rules, 1975 which provides the engagement of L.S.G.D. certificate holder by giving the preference in the Urban Local Bodies but no recruitment process was initiated after the year 2001. 3. Taking into account the aforesaid fact, the order of the learned Single Judge was modified directing the State Government to take a decision for engagement of an L.S.G.D. certificate holders as Junior Assistant in the Urban Local Bodies. The representation/application of the petitioner is rejected by an order dated 16.03.2020, which was assailed by the petitioner in the writ petition on the premise that once the preference is given to an L.S.G.D. certificate holder, the appointment cannot be denied. In course of hearing, it was brought to the notice of this Court that a conscious decision was taken by the Government on 30th December, 2015 rescinding all the process/notice concerning the engagement of the L.S.G.D. certificate holder into the local bodies and it is not in dispute that no further appointment under such category was ever undertaken. 4. The said order rescinding all earlier orders issued on 30th December, 2015 has not been challenged nor are any documents forthcoming before us that the same has been quashed and set aside. It is a policy decision of the Government whether to take a particular recourse in the selection process or to put any conditions in relation to eligibility of the candidates. It appears that the engagement of the L.S.G.D. certificate holder was restricted to the holders, who obtained such Diploma upto the year 1993 and thereafter they discontinued such engagement. Since the petitioner acquired the L.S.G.D. certificate in the year 1999, he was kept outside the zone of such consideration. Page 3 of 3 5. It is pertinent to record that fixation of the eligibility criteria is within the realm of the statutory authorities unless express statutory provisions have been made in this regard. A distinction must be borne between the essential eligibility criteria and the preference to be given to an L.S.G.D. Diploma holder. The preference would come in the event the intending candidate meets the requisite essential criteria, educational qualification and in the event of being selected, the right to be given a preference would come. Since the petitioner never participated in the recruitment nor can seek the engagement offending the core ethos of Article 16 of the Constitution of India read with Article 14 thereof, we do not think that there is any incongruity and/or illegality in the impugned order. 6. The writ appeal is, thus, dismissed. No order as to costs. (Harish Tandon) Chief Justice (M.S. Raman) Judge S.K. Jena/Sr. Secy. Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Asst. Registrar-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Apr-2026 10:42:23