Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Ori) 97

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, J.
Varsachala Chetan – Appellant
Versus
State of Odisha & another – Respondent
W.P(C) No. 18119 of 2019 & W.P.(C) No. 18127 of 2019
Decided on : 18-11-2021

Advocate Appeared:
For the Appellant :M/s. Ramakanta Sahoo, S. Saurav, Rajjeet Roy and S.K. Singh Advocates
For the Respondent:Mr. J. P. Patnaik, Mr. S.B. Jena and C.K. Sahoo, Advocates

Point of Law: State is meant to be a model employer and must give due importance to the fundamental rights of equality and opportunity in matter of public appointment guaranteed under Article 14 and 16 of Constitution of India. Candidates submitting caste certificate after cut off date mentioned in advertisement cannot be held ineligible for selection to the post.

Headnote:
Dentists Act, 1948 - Section 34 - Indian Evidence Act, 1872 - Section-115 - Odisha Public Service Commission - Post of Dental Surgeon - Grade Pay - Dearness allowance & other allowances - Estoppel - Seeking to issue Rule NISI calling upon O.Ps. to show cause why impugned order shall not be quashed or set aside and if no show cause is filed or insufficient cause is shown, then impugned order be quashed - Direction be issued to Odisha Public Service Commission (O.P. No.2) to send select list incorporating names of petitioners 1 to 6 to the Government (O.P. No.1) for consideration of appointment of the petitioners in the post of Dental Surgeon, Group-A (Jr.) of Odisha Medical Service (Dental) cadre.
Finding of the Court :
It is made clear that candidature of 06 (02-W) candidates, who had submitted their applications through online, having not satisfied the requirement in terms of advertisement, was rejected by Commission. Therefore, if petitioner had not satisfied requirement of advertisement, having no requisite qualification, he should not have been called upon to appear examination. Once petitioner was called upon and allowed to appear in examination, subsequent rejection of his candidature at stage of document verification, is absolutely misconceived one- Mere mentioning of the word ‘provisional’ cannot debar petitioner from satisfying the requirement of conditions stipulated in the advertisement itself. If petitioner has satisfied requirement issued in the advertisement and by time of verification of documents, the petitioner had possessed required documents, in that case, rejection of his candidature on ground that he does not possess minimum qualification as on the last date of submission of application, cannot sustain in the eye of law - Rejection of candidature of petitioners both in Writ Petitions vide notice, on ground of non-completion of Housemanship, i.e., closing date for submission of online application, cannot sustain in eye of law and same is liable to be quashed and hereby quashed - Direction issued to opposite party no. 2-Odisha Public Service Commission to call upon petitioners in both writ petitions to appear at interview to be conducted by constituting a special selection committee for the purpose of recommendation for recruitment to post of Dental Surgeon in Group-‘A’ (Jr.) of Odisha Medical Service (Dental) cadre for SC & ST candidates under Health and Family Welfare Department pursuant to advertisement.
Result: Writ petitions allowed

JUDGMENT :

The petitioner in W.P.(C) No.18119 of 2019 seeks the following relief:-

“It is, therefore, humbly prayed that your Lordships may be pleased to issue Rule NISI calling upon the O.Ps. to show cause why the impugned order dt.12.9.2019 under Anx.8 shall not be quashed or set aside and if no show cause is filed or insufficient cause is shown, then the impugned order dt.12.9.2019 under Anx.8 be quashed and direction be issued to the Odisha Public Service Commission O.P. No.2 to send the select list incorporating the name of the petitioner to the Govt (O.P.1) for consideration of appointment in the post of Dental Surgeon, Group-A (Jr.) of Odisha Medical Service (Dental) cadre. And pass any other order/orders as your Lordships may deem fit and proper in the interest of justice, equity and good conscience.”

Similarly, the petitioners in W.P.(C) No. 18127 of 2019 seek the following relief:-

“It is, therefore, humbly prayed that your Lordships may be pleased to issue Rule NISI calling upon the O.Ps. to show cause why the impugned order dt.12.9.2019 under Anx.8 shall not be quashed or set aside and if no show cause is filed or insufficient cause is shown, then the impugned order dt.12.9.2019 under Anx.8 be quashed and direction be issued to the Odisha Public Service Commission (O.P. No.2) to send the select list incorporating the names of the petitioners 1 to 6 to the Government (O.P. No.1) for consideration of appointment of the petitioners in the post of Dental Surgeon, Group-A (Jr.) of Odisha Medical Service (Dental) cadre. And pass any other order/orders as your Lordships may deem fit and proper in the ends of justice, equity & good conscience.”

In both the writ petitions, since the petitioners have claimed the similar relief, the same were heard together and are disposed of by this common judgment.

2. For a just and proper adjudication of the case,

2.1 On going through the same, it reveals that the petitioner, having passed the All India Senior School Certificate Examination, 2013 (+2 Science) from Central Board of Secondary Education, Delhi and the Bachelors Degree in Dental Surgery (B.D.S) Examination in March, 2018 from Hi-Tech Dental College & Hospital, Bhubaneswar, under Utkal University, registered himself as a Dentist and the Registration Certificate as provided under Section 34 of the Dentists Act, 1948 was issued in his favour by the Odisha Dental Council on 12.07.2019.

2.2 The Odisha Public Service Commission, vide Advertisement No. 06 of 2018/19 invited applications from the prospective candidates through online in the proforma application to be made available in the website for recruitment to the post of Dental Surgeon in Group-‘A’ (Jr) of Odisha Medical Services (Dental) Cadre for Scheduled Caste and Scheduled Tribe candidates (Special Recruitment Drive) under Health & Family Welfare Department in the scale of pay of Rs.15,600/-- the factual matrix of W.P.(C) No. 18119 of 2019 is taken into consideration. Rs.39,100/-having Grade Pay of Rs.5400/-with usual dearness allowance & other allowances, as may be sanctioned by the Government of Odisha from time to time. The vacancy position for Scheduled Caste was 22 (07-women) and for Scheduled Tribe was 39 (13-women). The total vacancies of SC & ST category to be filled up by the Health & Family Welfare Department in the post of Dental Surgeon in Group-‘A’ (Jr) of Odisha Medical Services (Dental) Cadre was 61 (21-women).

As per the said advertisement, educational qualification has been prescribed that the candidate must have possessed a Bachelors Degree in Dental Surgery (BDS) or equivalent Degree from a Medical College or Medical Institution recognized by the Dental Council of India and must have possessed a registration certificate under the Dentists Act, 1948 along with other required qualification prescribed in the advertisement. The age of a candidate must have been

Click Here to Read the rest of this document

2021 Supreme(Ori) 97

IN THE HIGH COURT OF ORISSA AT CUTTACKB.R.SARANGI, J.Varsachala Chetan – AppellantVersusState of Odisha & another – RespondentW.P(C) No. 18119 of 2019 & W.P.(C) No. 18127 of 2019Decided on : 18-11-2021

Cases Referred (3)

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, J.
Varsachala Chetan – Appellant
Versus
State of Odisha & another – Respondent
W.P(C) No. 18119 of 2019 & W.P.(C) No. 18127 of 2019
Decided on : 18-11-2021