- (1.)THE petitioner in this Writ Petition challenges the selection and appointment of opposite party nos.4 and 5 as Data Entry Operators in Odisha Legislative Assembly, Bhubaneswar.
(2.)THE case of the petitioner is that in response to a requisition made by the Odisha Legislative Assembly, his name was sponsored by the Employment Exchange as S.E.B.C Candidate to face the interview for selection and appointment to the post of Data Entry Operator in Odisha Legislative Assembly. According to the petitioner out of nine vacancies two were meant for S.E.B.C Candidates and out of the said two, one was meant for a candidate belongs to S.E.B.C (Woman). After the interviews were over a select list was not published and appointments were given to seven persons including opposite party nos.4 and 5 as Data Entry Operators. It was disclosed in the counter affidavit filed by Odisha Legislative Assembly in W.P.(C) No.27 of 2003 that the petitioner had been kept at Serial No.1 under S.E.B.C Category (Waiting List).
2.1 Challenging appointment of opposite party nos.4 and 5, it is stated by the petitioner in this Writ Petition that opposite party no.5 -Kalyani Das neither belongs to S.E.B.C Category nor did she apply for appointment to the post as a S.E.B.C Candidate. Therefore, she could not have been appointed against the post meant for S.E.B.C Candidates. It is the case of the petitioner that the name of opposite party no.5 was not sponsored by the Employment Exchange either under General Category or under S.E.B.C Category or in any other category.

2.2 So far as opposite party no.4 -Suvendu Kar is concerned, it is stated that he was appointed against a subsequent vacancy reserved for S.E.B.C (Woman). The appointment of opposite party no.4 has been made against a vacancy created in the year 2000 reserved for S.E.B.C (Woman). The case of the petitioner is that when S.E.B.C (Woman) Candidate is not available the vacancy is to be exchanged with S.E.B.C (Male) Candidate and instead of following the said procedure opposite party no.4, who belongs to General Category was appointed against the said post.

(3.)A counter affidavit has been filed by opposite party nos.1 and 2 stating therein that in order to fill up four vacant posts of Data Entry Operators, the Odisha Legislative Assembly Secretariate had requested the Employment Exchange to sponsor names of eligible candidates on 28.5.1998. In addition, applications were also invited from regular, ad hoc, seasonal employees of Legislative Assembly Secretariate for appointment against the said four vacancies through a notice dated 09.9.1998. A test as well as an interview was conducted on 12th and 13th of September, 1998 respectively. After evaluation of examination papers results were placed before the Selection Committee on 07.6.1999. The Committee recommended names of the following seven candidates as against seven vacancies in accordance with their merit, out of which four had been notified earlier and three were created later on. The recommended candidates are: -
1. Kumari Nilima Kangari (ST)

2. Sri Biswajit Tripathy (UR)

3. Smt. Kalyani Das (SEBC)

4. Smt. Madhumita Behera (SC)

5. Sri Rabinarayan Panda (UR)

6. Sri Manmohan Behera (SEBC)

7. Sri Praful Ch. Dyan Samantara (UR)

The above candidates were appointed on different dates. The Selection Committee had also prepared a waiting list of candidates for the post of Data Entry Operator and the names of four candidates are as follows: -

1. Sri Suvendu Kar (UR)

2. Smt. Satyabhama Mishra (UR)

3. Sri Sunil Kumar Patro (SEBC)

4. Sri Debendra Nath Behera (SC)

It is further stated in the counter affidavit that Kumari Nilima Kangari resigned from the post and two more posts were created. As against the above three posts, opposite party no.4 -Suvendu Kar was appointed against Unreserved Category on probation for a period of two years w.e.f. 06.1.2000 and against Roster Point No.9 meant for S.E.B.C (Woman) the present petitioner was appointed on ad hoc basis but he did not join the post. It is also stated in the counter affidavit that opposite party no.5 -Kalyani Das applied in response to the notice affixed in the Office Notice Board and produced a Caste Certificate on the basis of which she was selected as S.E.B.C Candidate and similarly opposite party no.4 had also applied in response to the said notice in the Notice Board and appeared in the test and interview. The further stand in the counter affidavit is that opposite party no.5 -Kalyani Das was selected for appointment in the first vacancy of S.E.B.C. Category. Services of opposite party no.4 had been terminated on 29.11.2002 but on consideration of his representation the Hon ble Speaker passed order for his reinstatement and accordingly he was given appointment.

A rejoinder has been filed by the petitioner enclosing several documents relating to appointment of the said two opposite parties obtained under the Right to Information Act.