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2021 Supreme(Ori) 104

S.MURALIDHAR, B.P.ROUTRAY
Ashok Kumar Behera – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.A.R. Dora, Sr. Advocate.
For the Opp. Parties : Mr. M.S. Sahoo, AGA, Mr. G.R. Sethi.

JUDGMENT :

B.P. Routray, J.

1. Challenging the orders dated 21st August, 2013, 11th September, 2013 and 25th September, 2013 of the learned Odisha Administrative Tribunal in O.A. No.2382(C) of 2012 and the consequential order discharging the Petitioner from service, the present writ petition has been filed.

2. The Petitioner was Respondent No.5 before the Tribunal and present Opposite Party No.4 was the Applicant.

3. The dispute relates to appointment to the post of Constable against posts reserved for Home Guards in Jagatsinghpur district for the recruitment year 2011. On 1st April, 2011 the advertisement was published for recruitment to 86 vacant posts of Constables for Jagatsinghpur district. Both the Petitioner and Opposite Party No.4 were working as Home Guards on the date of advertisement and belong to SEBC category. They applied and participated in the recruitment process. The recruitment to the post of Constables is governed by the Odisha Police Service (Method of Recruitment and Conditions of Service of Constables) order, 2010. 10% of the total vacancies are to be filled up from Home Guards. Upon completion of the selection process, Petitioner secured 43.25 marks and Opposite

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