Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Ori) 162

113 (2012) CLT 1049
HIGH COURT OF ORISSA
B.P. DAS, J. & B.K. NAYAK, JJ.
Bidyadhar Roul & Ors. - Petitioner.
Vs.
State of Orissa & Ors. - Opp. Parties
W.P.(C) Nos.1770, 1771, 1796, 1798, 1951, 1952, 1953, 2622, 2307, 2584, 2590, 2598, 2600, 2585, 1801, 1815, 1092, 6074, 4816, 5188, 5307, 8301 & 29715 of 2011
Decided on : 20.4.2012

Advocates appeared:
For the Petitioner: M/s. Pravash Ch. Jena, S.J. Das, A. Barik, A.Das, S. Dwibedi & Ors.
For the Opp. Parties :Additional Government Advocate & Ors.

The government's decision to change the qualification for appointment would not have retrospective effect, and the selection process should be completed as per the norms in place at the time of initiation.

Headnote:
Recruitment - MPHW(M) - 10th pass or Diploma in Pharmacy - 7.12.2010 - The court considered whether the government can change eligibility criteria for appointment after the recruitment process has started. The court held that the government's decision to change the qualification from 10th pass to Diploma in Pharmacy for MPHW(M) posts would not have retrospective effect and quashed the fresh advertisements issued as per the revised guidelines. The court directed completion of the selection process for candidates with matriculation qualification and filling up of posts as per the revised norms.
Fact of the Case:

The government changed the eligibility criteria for the appointment of Multi Purpose Health Worker (Male) (MPHW(M)) from 10th pass to Diploma in Pharmacy after the recruitment process had started. The selected candidates with matriculation qualification were not given appointments, and a fresh advertisement was issued as per the revised guidelines.
Finding of the Court:

The court found that the government's decision to change the qualification for MPHW(M) posts would not have retrospective effect and quashed the fresh advertisements issued as per the revised guidelines. The court directed completion of the selection process for candidates with matriculation qualification and filling up of posts as per the revised norms.
Issues: The main issue was whether the government can change the eligibility criteria for appointment after the recruitment process has started.
Ratio Decidendi: The court held that the government's decision to change the qualification for MPHW(M) posts would not have retrospective effect and directed completion of the selection process for candidates with matriculation qualification and filling up of posts as per the revised norms.
Final Decision: The court quashed the fresh advertisements issued as per the revised guidelines and directed completion of the selection process for candidates with matriculation qualification and filling up of posts as per the revised norms.

JUDGMENT

B.K. NAYAK, J.-The common question that arises for consideration in this batch of writ applications is whether after the process of recruitment for contractual appointment of Multi Purpose Health Worker (Male) (in short 'MPHW(M)') in World Bank supported Malaria Project started or became complete, the Government can deny appointment to the selected candidates by changing eligibility criteria for such appointment and re-issue a further advertisement stipulating new eligibility criteria for the purpose of appointment to such posts.

2. The post of MPHW (M) being a District Cadre Post, the Chief District Medical Officers of the districts are competent to make recruitment for their respective districts in accordance with the norms/guidelines issued by the State Government. W.P.(C) No.6074 of 2011 is taken up as an illustrative case for description of facts and circumstances under which the aforesaid question arises.

3. The Petitioners in the writ application have made a prayer for quashing the advertisement under Annexure-5 issued by the CDMO, Mayurbhanj for contractual engagement of MPHW (M), Malaria Project with a further prayer to direct the Opp. Parties-State authorities to issue appointment order in their favour, process for which was initiated in pursuance to advertisement under Annexure-1. It is asserted by the Petitioners that the CDMO, Mayurbhanj (Malaria Wing) published advertisement on 27.08.2008 under Annexure- 1 for contractual engagement of MPHW (M), Malaria Project and invited applications from candidates for Mayurbhanj District. The number of posts advertised was 98 and the last date of receipt of application was 08.09.2008. The qualification prescribed under the advertisement was 10th pass or equivalent examination. In pursuance to the advertisement, the Petitioners applied within the stipulated time. Thereafter, vide letters dated 02.09.2010 under Annexures-2 and 2/1, the Petitioners were called for verification of their original certificates/documents. After verification of documents a preliminary database was published in the district website (http://Mayurbhanj.nic.in/publicinfo.htm) vide Annexure-4 and a further notice was published inviting objections from the candidates. The Petitioners, who are Scheduled Tribe persons were shown at Sl.No.11 and 17 in Annexure-3, database. It is further stated that the list was finalised and while the Petitioners were waiting for appointment, the CDMO issued a fresh advertisement on 21.02.2011 vide Annexure-5 for the said posts by cancelling the advertisement under Annexure-1. In the advertisement (Annexure-5) the qualification for the post was shown as Diploma in Pharmacy from a Government recognized institution of Odisha registered with the Orissa Pharmacy Council. It is also stated in the writ application that so far as the district of Nuapada is concerned; advertisement (Annexure-7) for the post of MPHW (M) has been published in the Odia daily "The Samaj" on 1.1.2011 where the qualification has been prescribed as Class-X pass or equivalent examination. It is further stated that in the district of Balasore the persons having passed Class-X or equivalent examination were selected and they have been already given appointment. In the circumstances, it is contended on behalf of the Petitioners that not giving appointment to the Petitioners, who were selected in pursuance of advertisement under Annexure-1 and issuing a fresh advertisement under Annexure-5 cancelling the previous advertisement is arbitrary, unreasonable and discriminatory.

4. The Chief District Medical Officer, Mayurbhanj-Opp. Party No.3 has filed a counter affidavit stating that before appointment was given to the Petitioners, the State Government by its letter No.3718/H dated 07.12.2010 (Annexure-A/3) issued revised guidelines for engagement of MPHW (M) specifying that the minimum educational qualification of candidates is Diploma in Pharmacy and therefore, the selection c9mmittee decided to re-advertise

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