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IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. Sarangi, J.
Kaushik Patnaik - Appellant
Versus
State Of Orissa & Anr. - Respondents
W.P. (C) No. 19501 of 2019
Decided On : 08-03-2021
Estoppel - Recruitment Dispute - Age Relaxation - Certificate from Competent Authority - [Dental Surgeon Recruitment] - [RTI Act, 2005, Child Labour Prohibition and Regulation Act, 1986, Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and others] - The court quashed the rejection of the petitioner's candidature on the ground of overage due to non-submission of service certificate from Government or DHS, citing the principle of estoppel and lack of definition of 'competent authority' in the advertisement. The court directed the opposite party to publish the result of the petitioner in the written examination.
Fact of the Case:
Dr. Kaushik Patnaik, a candidate for the post of Dental Surgeon, filed a writ petition seeking to quash the rejection of his candidature and to publish the result of the written examination. The petitioner, a Senior Resident, applied for the post and appeared in the examination. However, his candidature was rejected on the ground of overage due to non-submission of service certificate from Government or DHS.
Finding of the Court:
The court found that the rejection of the petitioner's candidature was unjustified, as the certificate from the Principal, SCB Dental College & Hospital, Cuttack, acknowledging the petitioner's service, was acted upon by the authority. The court held that the rejection was hit by the principle of estoppel and directed the opposite party to publish the result of the petitioner in the written examination.
Issues: The issues involved the rejection of the petitioner's candidature, the definition of 'competent authority' for issuing service certificate, and the application of the principle of estoppel.
Ratio Decidendi: The court ruled that the rejection of the petitioner's candidature on the ground of overage due to non-submission of service certificate from Government or DHS was unjustified, as the certificate from the Principal, SCB Dental College & Hospital, Cuttack, was acknowledged and acted upon by the authority. The court applied the principle of estoppel and directed the opposite party to publish the result of the petitioner in the written examination.
Final Decision: The court allowed the writ petition, quashed the rejection of the petitioner's candidature, and directed the opposite party to publish the result of the petitioner in the written examination.
JUDGMENT
B.R. Sarangi, J. - Dr. Kaushik Patnaik, who was a candidate for the post of Dental Surgeon in Group 'A' of Odisha Medical Services (Dental) Cadre under unreserved category, has filed this writ petition seeking to quash communication dated 16.11.2018 under Annexure-12, by which his candidature has been rejected on the ground of overage due to non-submission of service certificate from Government or DHS, and further seeks for a direction to publish the result of the petitioner in the written examination, which was held on 06.05.2018 and to provide the marks awarded to him forthwith.
2. The concise statement of fact is that the Orissa Public Service Commission-opposite party no.2 issued an advertisement vide Annexure-1 in its website for recruitment to the post of Dental Surgeon in Group 'A' (Jr.) of Odisha Medical Services (Dental) Cadre under Health & Family Welfare Department inviting online applications from the prospective candidates through the proforma application to be made available in the website from 20.03.2018 to 07.04.2018. By the time the advertisement was issued, the petitioner was rendering service as a Senior Resident in the Department of Periodontics at SCB Dental College & Hospital, Cuttack. The petitioner, being eligible for such post, sought permission from the Principal, SCB Dental College & Hospital, Cuttack to appear in such examination to be conducted by opposite party no.2. The Principal, vide letter dated 29.03.2018, certified that the petitioner, MDS is working as Senior Resident in the Department of Periodontics at SCB Medical College & Hospital, Cuttack since 10.08.2015 and continuing till that date, and that the institution has "No Objection" for him to apply for the post of Assistant Dental Surgeon under Odisha Public Service Commission (OPSC).
2.1 After obtaining such permission, the petitioner applied for the post of Dental Surgeon in Group 'A' (Jr.) of Odisha Medical Services (Dental) Cadre under UR category. On receipt of such application, opposite party no.2 allotted registration no. 15171849744 and roll no. 101382 to the petitioner, and consequentially issued a notice on 01.05.2018 vide Annexure-4 regarding programme of examination informing therein that the candidates are admitted to the written examination scheduled to be held on 6th May, 2018. It was also instructed to the candidates to download their "admission certificate" and "instruction to candidates" from the website of the Commission from 01.05.2018 onwards. The above notice would show that the roll no. 101382 of the petitioner was earmarked for the examination centre at "Saraswati Sishu Vidya Mandira, Mahanadi Ring Road, Chahata Ghata, Tulasipur, Cuttack." Pursuant to the instruction vide Annexure-4, the petitioner downloaded "admission certificate" and "instruction to candidates" from the website of the Commission. On 06.05.2018, the petitioner appeared in the written examination in the scheduled examination centre.
2.2 The opposite party no.2, vide notification dated 20.06.2018 at Annexure-6, intimated that the verification of original documents of the shortlisted candidates to the post of Dental Surgeon in Group 'A' (Jr.) of Odisha Medical Services (Dental) Cadre under Health & Family Welfare Department, would be held in the office of the Commission on 28.06.2018 and 29.06.2018 and instructed the candidates to come with all original certificates/documents as per para-10 of the advertisement, duly filled in the attestation form and submit the same in person on the day of verification. The detail programme of the verification, intimation letter, and attestation form were available in the website of the Commission. In terms of the direction and instruction contained in Annexue-6, the petitioner downloaded the programme of the verification, intimation letter and attestation form from the website of the Commission. As per programme of verification, his roll no.101382 was fixed to 2nd session of 28.06.2018 under the Team No. III
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