The main legal principle established in the judgment is the application of selection rules and relevant case law to ensure the correct allocation of candidates from different categories to available vacancies, based on merit and in accordance with the statutory framework.

ORDER

Dr. S. Muralidhar, CJ. - The present writ petition has been filed for a direction to the District Judge, Khurda (Opposite Party No.1) and Registrar, Civil Courts, Khurda (Opposite Party No.2) to recast the Selection List and declare the Petitioner as the selected candidate for the post of Junior Typist, keeping in view her position in the combined merit list drawn pursuant to the advertisement dated 29th June, 2019.

2. The District Judge, Khurda published an advertisement dated 29th June, 2019 for filling up of different posts of Jr. Clerk-cum- Copyist, Stenographer (Grade-III) and Junior Typists. Pursuant thereto, the Petitioner applied for the post of Junior Typist. Seven vacancies were earmarked for the post of Junior Typist. Of these, 4 were for the unreserved (UR) category, 1 for Scheduled Caste (SC), 1 for Scheduled Tribe (ST) and 1 for the Socially and Educationally Backward Class (SEBC) categories.

3. The Petitioner states that she submitted an application mentioning her category as SEBC. In the combined merit list of candidates, the Petitioner's name was at Serial No.5. Thereafter a separate merit list for UR and reserved category candidates was prepared and published. The Petitioner noticed that those at Sl. Nos.1 and 2 in the combined merit list belonged to the SEBC category and those at Serial Nos.3, 4, 6 and 7 to the UR category.The Petitioner's name, as already noted, was at Serial No.5 and she belonged to the SEBC category.

4. Opposite Party No.2, i.e. the Registrar, Civil Courts, Khurda published a Select List, in which the candidates at Serial Nos.3, 4, 6 and 7 in the combined merit list were shown as selected Junior Typists belonging to the UR category. The candidate who was placed at Serial No.1 of the combined merit list was selected as Junior Typist belonging to the SEBC category.

5. The grievance of the Petitioner is that, in terms of the settled legal position, the candidates at Serial Nos.1 and 2 ought to have been taken against the UR vacancies along with those at Serial Nos.3 and 4. In such event the Petitioner, belonging to the SEBC category at Serial No.5 of the combined merit list, would have been highest in merit in the SEBC category and would have been selected for the single vacancy reserved for that category.

6. This Court while issuing notice in the present petition, on 7th January, 2021, directed that all actions taken in the meantime pursuant to the Select List in question shall be subject to the result of the writ petition. It requires to be mentioned here that the candidates at serial numbers 3 and 4 who have been impleaded as Opposite Party Nos.3 and 4 in the present writ petition, have not, despite service of notice, entered appearance.

7. At the hearing on 7th October, 2021, learned counsel for the Petitioner informed this Court that, two of the vacancies in the post of Junior Typist are still unfilled. Mr. P.K. Muduli, learned AGA then sought time to file an affidavit to that effect.

8. The stand of the Opposite Parties 1 and 2, in the counter affidavit filed by them, is that the separate merit list for general reserved category were prepared in terms of Rule 7(5) of the Orissa District and Subordinate Courts Non-Judicial Staff Services (Method of Recruitment and Conditions of Service Rule-2008 as amended in 2010), which reads thus :

'7. Manner of Selection of Candidates :-

(1) After receipt of applications for recruitment examination, career merit lists for general and reserved categories according to the descending order of total of percentage of marks in H.S.C. examination and +2 examination or their equivalent examinations shall be prepared.

(2) From each category of career merit list, candidates up to 20 times of actual vacancy in each category shall be called to appear at the written test.

(3) Considering the marks secured in the written test, one merit list for general candidates and separate merit list for each of the reserved categories shall be prepared and candidates up to ten ti