JUDGMENT

V. GOPALA GOWDA, C.J. : The petitioner who claims to be a public spirited person and is a practicing advocate has filed the Public Interest Litigation petition challenging the illegal and arbitrary squandering of the public money and allowing the persons i.e. opp.Parties 5 to 376 to occupy public office working in different posts in the State Government Service urging various facts and legal contentions with a prayer for issuance of a writ of certiorari to quash the appointment of reserve candidates against unreserved post beyond 50% and the appointment of the opp.Parties in Class-I posts with basic pay of Rs.15,600/- who were selected for Class-II with the basic pay of Rs.6,500/- and Rs.5,500/- appointed as Class-II with Rs.9,300/- with further direction to opp.party No.2 to recover the public money from the said opp.parties-officers by fixing responsibility for having flouted the law and to pass such other order to meet the ends of justice.

2.The brief facts are stated below for the purpose of appreciating the rival, factual and legal contentions urged on behalf of the parties.

3.It is the case of the petitioner that the Government of Odisha in General Administration Department (for short, G.A. Deptt”) made requisition for the seven categories of posts in Class-II cadre and in the Specially Declared Gazetted cadre. Accordingly, the Orissa Public Service Commission (for short, “OPSC”) issued advertisement No.8 of 2006-07 for 5 categories of Class-II posts and 2 categories of Class-II posts were notified with the scales of pay of Rs.6,500/- and Rs.5,500/- in respect of the vacancies in different categories. The OPSC conducted the Orissa Civil Service Examination-2006 as per the Orissa (Amendment) Civil Service Rules, 1991 which consists preliminary examination for general scrutiny and the main examination consisting of main written and viva voce.

4.The OPSC conducted preliminary examination by making reservation, which is violative of Rules, 1991 and contrary to the Apex Court judgment. The reservation was made in preliminary examination as well as in main examination. The viva voce test was conducted by two sets of Boards, the 1st Board consisting of two members and the 2nd Board consisting of three members, which is impermissible in law. The OPSC violating the norms of the advertisement and flouting the reservation policy recommended 380 candidates, which action of the OPSC is illegal and arbitrary.

5.It is stated that the selection/recruitment/appointment is under challenge in the O.A.T., Cuttack in O.A. No.1731(C)/2010 and other cases.

6.Further, it is stated that on the requisition of the G.A. Deptt. the OPSC recommended names of the 380 candidates in Class-II and Specially Declared Gazetted cadres with different scales of pay. The scale of pay for Class-II post is Rs.6,500/- and scale of pay for Specially Declared Gazetted post is Rs.5,500/-. In the 6th Pay Commission the scale of Class-II post with Rs.6,500/- is revised to Rs.9,300/-. Therefore, the Class-II post advertised was with the basic pay of Rs.6,500/- but not Rs.8,000/-. The OPSC notified for selection of candidates for Class-II as per the requisition made by opp.Party No.2.

7.It is stated that the G.A. Deptt. issued press note on 11.8.2010 and appointed some candidates in Class-I cadre with the scale of pay of Rs.15,600/- revising from Rs.6,500/- and some candidates in Class-II cadre with the scale of pay revising from Rs.6,500/- to Rs.9,300/- and some candidates in Specially Declared Gazetted cadre with the scale of pay revising from Rs.5,500/- to Rs.9,300/-.

8.Further, the case of the petitioner is that the reserve candidates selected in the preliminary as well as main examinations with grace marks and relaxation cannot be appointed against unreserved vacancies, which is illegal, arbitrary and loss of public money and debarred the meritorious candidates from the said posts. According to the petitioner, 34 reserved candidates, who have been appointed most il