Pramath Patnaik, J. - (1.) In the instant writ petition, the petitioner, the petitioner has initially prayed for quashing part of the advertisement dated 13-4-2008 (as contained in Annexure-10) so far as it relates to inviting applications for the post of Dy. Director (Admn.) shown at Serial No. 3 under clinical positions and the petitioner has further prayed for direction upon the espondents to issue appointment letter for the post of Dy. Director (Admn.) RINPAS.
(2.) The brief facts of the case is that in pursuance to an advertisement issued by Director, RINPAS (Respondent No. 2) inviting applications for various posts advertised therein for faculty position and elinical/Administrative position, the petitioner having requisite qualifications applied for the post of Dy. Director (Admn.) against the aforesaid advetisement and offered his candidature on the said posts. The candidature of the petitioner was accepted by the Respondent No. 2 and an interview letter dated 16-12-2006 was issued to the petitioner calling upon him to appear before Selection Sub-committee on 10-1-2007 with the original certificate, mark sheet and testimonial of education qualification, experience certificate, proof of date of birth etc. for verification at the time of interview. The petitioner appeared in the interview before the Selection Committee and all original testimonial and certificates as required were verified and cleared without any objection. After awaiting of his appointment, the petitioner represented before the Director (Respondent No. 2) requesting for issuance of appointment letter in his favour. Acting upon the positive assurance by the then Director, RINPAS, the petitioner submitted his resignation before his employer-Ram Krishna Buildwell Pvt. Ltd. from the post of Manager, Legal and Administration and the employer accepted the resignation with immediate effect vide accepting letter dated 12-102007. But surprisingly, a fresh advertisement bearing dated 13-4-2008 has been issued by the Director-cum-CEO, RINPAS inviting application for various posts for faculty position and clinical position including the post of Dy. Director (Admn.) vide Annexure-10 to the writ petition and the last date for applying for the post was 20-5-2008 as per the aforesaid advertisement. The petitioner also came to know that no appointment letter was issued to him and Dr. B. C. Mishra was allowed to work on the said post on extension basis from time-to-time which is against law and procedure. By the action of the respondents by not issuing the appointment letter and further going for fresh aadvertisement to fill up vacancy of Dy. Director (Admn.) RINPAS vide Annexure-10 to the writ petition, the petitioner left with no other alternative remedy, has knocked the doors of this Court under Article 226 of the Constitution of India for redressal of his grievance.
(3.) Learned counsel for the petitioner has vehementary submitted that the action of the respondent in not issuing the appointment letter in favour of the petitioner for the post of Dy. Director (Admn.) amounts to arbitrary exercise of power. The action of the respondent is actuated by mala fide and oblique motive. Learned counsel for the petitioner further submits that the respondent No. 2 ought to have kept his promises/assurance given to petitioner pursuant to which he submitted his resignation before his application which was accepted and thereafter, the petitioner was not given appointment which has rendered him jobless thereafter. The action of the respondent in going from the fresh advertisement calling for application for the post of Deputy Director (Admn.), after the selection has resulted in gross injustice to petitioner.;