BICHITRA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER in this Writ Petition challenges the action of the Opposite Parties for not appointing him as an Ayurvedic Doctor though he has possessed the requisite qualification for the said post and the letter dated 1.5.2007 issued by C.D.M.O., Kendrapara, Opposite Party No. 4, wherein he stipulated Clause (g) which was not mentioned in the advertisement published for the post of Ayurvedic and Homoeopathic Doctors in National Rural Health Mission, Orissa.

(2.) THE brief facts of the case are as follows: Opposite Party No. 2 published an advertisement in the local daily 'The Samaj' on 21.12.2006 for appointment of Ayurvedic and Homoeopathic doctors on contractual basis in different health institutions in the rural areas of the State. As per the said advertisement, the last date for submission of application was 15.1.2007. One of the eligibility criteria was that the candidate must have a Bachelor in Ayurvedic Medicine & Surgery (BAMS)/Bachelor in Homoeopathic Medicine and Surgery (BHMS) from a recognized University and must have registered his/her name in the respective Ayurvedic Homoeopathic Council/Board of Orissa. The Petitioner being possessed all the criteria ffxed in the advertisement, he applied for the sajd post within the stipulated period and his application was complete in all aspects and the authorities scrutinized the application of the Petitioner and the name of the Petitioner has been found place at serial No. 43 in the Career Assessment of the Ayurvedic Doctors of Kendrapara District which is annexed as Annexure -5 to the Writ Petition. Thereafter Petitioner was called for verification of documents as he has been provisionally short -listed by the Selection Committee. Out of 62 candidates only 10 candidates short listed for 5 number of vacancies available in the district of Kendrapara and the Petitioner stood second in the merit list dated 3.5.2007, the document of which is annexed as Annexure -8 to the Writ Petition. The Petitioner was surprised after receiving the call letter dated 1.5.2007, vide Annexure -6, wherein it was stated that for the purpose of verification of original documents, candidates must produce the following documents;

(3.) FOR better appreciation, Rule 21 Sub -rule (1) to (3) of Orissa Ayurvedic Medicine Rules, 1960 is quoted below: