JUDGMENT :

S. N. Prasad, J.

1. In these two writ petitions common prayer has been made and as such the same are being disposed of by this common order.

2. The orders passed by the Odisha Administrative Tribunal in O.A. No.2478(C) of 2013 dtd.29.1.2014 is under challenge whereby and where under the Tribunal has quashed the selection list dtd.17.7.2013 directing the authority to prepare a fresh select list limiting the reservation to 50% and appointment of the selected candidate be made on that basis.

3. The fact of the case is that in terms of advertisement published in the year 2012-13 for recruitment to the post of Assistant Engineer (Electrical) Class-II, Group-B service the applicants have submitted their applications, got qualified, their names have been incorporated in the select list, but before issuance of appointment letter, The Orissa Reservation of Posts and Services (for Socially and Educationally Backward Classes) Act, 2008 (herein after referred to as ‘the Act, 2008) has been challenged by some of the candidates before the Tribunal challenging the virus of the Act whereby and where under the extent of reservation has been exceeded to 50%, the Tribunal, vide its order dtd.12.12.2013 passed in O.A. No.1417 of 2012, has declared the Act, 2008 as ultra-virus and accordingly directed the authorities to modify the advertisement and initiate the selection process afresh.

The Tribunal, in these original applications, have passed the order relying upon the order passed by it on 12.12.2013 in O.A. No.1417 of 2012 holding the select list dtd.17.7.2013 as illegal since the list has been prepared providing more than 50% reservation and accordingly directed to prepare a fresh select list, limiting the reservation to 50% and the appointment of selected candidates be made on that basis.

4. Learned Sr. Counsels representing the applicants/petitioners herein have vehemently argued that the order passed by the Tribunal in the original application is illegal for the reason that at the time when the advertisement was issued, the Act, 2008 having been notified on 7.2.2009 was in vogue, as such the entire selection process since been initiated on the basis of the prevalent rule, even if it has been quashed by a court of law, there cannot be any change in the situation on the basis of the principle that once the selection process starts, the rule prevalent on the date of initiation of the recruitment process will be followed till the recruitment process is concluded. According to them, here in the instant case, the selection process has been started on the day when the advertisement was issued, i.e. on 2.8.2012 and thereafter the names of the petitioners have been incorporated in the merit list before the judgment having been pronounced by the Odisha Administrative Tribunal in O.A. No.1417 of 2012 which was pronounced on 12.12.2013, since their names have been incorporated in the select list prior to the order having been passed by the Tribunal, hence not giving them appointment is totally unjustified decision of the Tribunal and on this ground alone the order of the Tribunal directing to prepare a fresh list is fit to be set aside.

They further submit that the process has been directed to be proceeded as would be evident from the resolution dtd.24.6.2014 and the other direction of the government wherein it has been said that the process may proceed as per the advertisement and it is on the decision of the State Government the process of selection has proceeded but when the order has been passed by the Tribunal, they have not been appointed.

According to them there is no laches on their part, hence they cannot be victimized by not issuing the appointment letters.

Learned Sr. counsels have further submitted that even on the date the petitioners can be appointed since there is vacancy, as would be evident from the affidavit filed on behalf of the opposite party stating therein that there are 9 vacancies waiting for the out come of these writ petiti