KABITA JENA Vs. RAJAT KUMAR MISHRA

JUDGEMENT

(1.) The background facts, which led to filing of these three writ appeals, succinctly put, as follows:- The Odisha Public Service Commission (for short 'OPSC"), on being requisitioned by the Home Department, Government of Odisha to fill up 796 numbers of Assistant Sec. Officers ('ASO' in short) belonging to Group B posts, published an advertisement on 31/12/2021. Accordingly, online applications were invited from prospective candidates fixing the last date of submission of such registered online applications to 25/2/2022. The scale of pay for such posts was Rs.35,400.00 in Level 9 Cell 1 as per the Pay Matrix provided under Rule 3 of the Odisha Revised Scale of Pay Rules, 2017. Pursuant to the said advertisement, the candidates, having requisite qualification and satisfying the eligibility criteria, offered their candidatures within the last date prescribed. As against 796 posts, total number of 1,48,000 candidates submitted their applications. Their applications were duly scrutinized and admission certificates were issued in favour of them for appearing in the written examination, which was fixed to 21/8/2022, but subsequently postponed to 27/8/2022. A provisional list of candidates, who were shortlisted for document verification and skill test, was published on 7/11/2022. Vide Notification dtd. 17/11/2022, they were called upon to attend the skill test, which was scheduled to be held on 4/12/2022.

(2.) At that point of time, some unsuccessful candidates, whose names did not appear in the select list published on 7/11/2022, agitated before the office of the OPSC making allegation with regard to the conduct of the examination and preparation of select list by the OPSC on 7/11/2022. In response to the same, the OPSC published press notes on 10/11/2022 and 22/11/2022 clearly stating therein that as per the provisions stipulated under clause 6 (c) of the advertisement dtd. 31/12/2021, the select list was prepared basing on the minimum qualifying mark in each subject and accordingly 1104 candidates (1.5 times of the advertised vacancies, category wise) were called upon to attend the document verification, which was conducted from 14/11/2022 to 18/11/2022. Having not satisfied with the clarification issued by the OPSC, some of the candidates, whose names did not reflect in the merit/select (short listed) list, approached this Court by filing W.P.(C) No. 32174 of 2022 with the following prayer. "It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to issue Rule Nisi calling upon the Opp. Parties to show cause as to why appropriate writ/writs shall not be issued quashing the merit/select (shortlisted) list published in notice dtd.07. 11.2022 by the OPSC for documents verification and skill test under Annexure-5, by declaring the procedure followed by the OPSC authorities in short listing the candidates for preparation of merit/select list in ASO recruitment examination, 2022 as published in Press Notes dtd.10.1 1.2022 and dtd.22/11/2022 is illegal and further be pleased to direct the Opp. Parties to prepare the fresh merit/select (shortlisted) list of candidates by taking total aggregate marks in all subjects in written test without insisting minimum qualifying marks in each subject and on perusal of causes shown if any or upon insufficient causes shown make the said rule absolute and may pass such other order/orders as deemed just and proper. And for this act of kindness, the petitioner shall as in duty bound, ever pray."

(3.) The aforesaid writ petition was listed on 2/12/2022 and the learned Single Judge, while entertaining the writ petition, issued notice and passed an interim order on 2/12/2022 to the following effect.