The main legal point established in the judgment is that the reasons assigned by the authority for rejecting the petitioner's representation must sustain in the eye of law, and the court can direct the opposite parties to consider the petitioner's case for engagement as Staff Nurse/ANM expeditiously.

JUDGMENT

B.R. Sarangi, J. - The petitioner has filed this writ petition to quash order dated 03.04.2016 passed by opposite party no.3-Chief District Medical Officer, Malkangiri-cum-District Mission Director in Annexure-6 rejecting her representation for engagement as Staff Nurse/ANM in the district of Malkangiri pursuant to advertisement issued in Annexure-1.

2. The factual matrix of the case, in brief, is that opposite party no.3 issued an advertisement in Annexure-1 dated 31.12.2013 inviting applications from eligible candidates for filling up of posts of AYUSH Doctors (Ayurvedic/ Homoeopathic), Pharmacist and Staff Nurse/ANM in the Mobile Medical Teams (MMTs)/Mobile Health Teams (MHTs) under Rashtriya Bal Swasthya Karyakram (RBSK), NHM, Odisha on contractual basis for a term of 11 months as per remuneration fixed for each of the posts. Pursuant to said advertisement, the petitioner having requisite qualification and eligibility criteria applied for the post of Staff Nurse in respect of Malkangiri district. As per vacancy position, the total number of posts of Staff Nurse/ANM in Malkangiri district was 10. Total 33 number of candidates, including the petitioner, applied for the post of Staff Nurse/ ANM for Malkangiri district. A data base of 33 candidates for objection to the draft merit list was published, vide Annexure-2, in the website of the opposite parties. In the said data base draft merit list, the name of the petitioner found place at serial no. 1. After publication of draft merit list, some of the unsuccessful candidates for the post of Ayush Doctor, questioning the legality and propriety of the said advertisement, on the ground that there was no reservation for SEBC candidates, approached this Court by filing W.P.(C) No.24677 of 2013 and this Court vide order dated 21.03.2014 disposed of the said writ petition and other connected writ petitions directing the opposite parties to take a decision with regard to reservation of posts in respect of SEBC candidates following the Government circular dated 12.01.1995 and vacated the interim orders passed in all the writ petitions. Pursuant thereto, so far as selection of Ayus Doctors and Pharmacists in respect of Malkangiri district is concerned, engagement orders have been issued in favour of the selected candidates, but the petitioner, though stood first in the draft merit list, she was not issued with engagement order. Hence this application.

3. Mr. S. Jena, learned counsel for the petitioner contended that there is no valid and justifiable reason available with opposite party no.3 for not issuing engagement order in favour of the petitioner. But for the reasons best known to the authority, no engagement order was issued in favour of the petitioner, despite publication of data base draft merit list in the website Therefore, the petitioner approached this Court by filing W.P.(C) No.12099 of 2015 with a prayer to direct opposite parties no.2 and 3 to give effect to the merit list within a reasonable time and this Court vide order dated 15.07.2015 directed opposite party no.3 to consider and dispose of her representation. Since no action was taken, pursuant to such direction, the petitioner filed CONTC No.1627 of 2015 which was also disposed of vide order dated 22.01.2016 granting two months time to comply with the order. After expiry of the said period, when no action was taken, the petitioner was constrained to file second contempt petition bearing No.561 of 2016. During pendency of the said contempt petition, the order impugned dated 03.04.2016 was passed rejecting the representation of the petitioner assigning the following reasons:

"1. As per decision taken in selection committee meeting held on 20.05.2014, the certificate verification will not be conducted for the post of Staff Nurse/ANM under RBSK till outcome of the O.A. No.232/2014 filed by Smt. Padmalaya Mirkap and O.A. No.314/ 2014 filed by Karuna Biswas.

2. In the meantime Smt Padmalaya Mirkap again filed a W.P.