The eligibility of a candidate can be verified at any stage of the recruitment process, but after the completion of the process and issuance of the appointment letter, the candidate cannot be denied training or appointment based on previously known eligibility criteria.

JUDGMENT :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Mode.

2. Heard MR. G.R. Sethi, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Standing counsel for the State-Opposite Parties.

3. The Petitioner in the present Writ Petition has prayed for the following relief:-

“i) To direct the respondent no-3 to allow the applicant to join the post and discharge the duty of constable of 6th IRB Khurdha in pursuance of his selection under annexure-

ii) To direct the respondents to grant all financial and consequential benefits to applicant from 7.09.2013 the date when he has reported for joining.

iii) And pass such other order/orders as may be deemed fit and proper for the interest of justice.”

4. It is submitted by Mr. Sethi, learned counsel for the Petitioner that pursuant to the advertisement issued by the State Selection Board, Odisha Police under Annexure-1, the Petitioner duly participated in the selection process and on being found suitable, he was issued with the letter of intimation by the Office of O.P. No.3 vide letter No.3220 dtd.03.09.2013 under Annexure-2, indicating his appointment as temporary Constable.

5. It is also submitted by Mr. Sethi, learned counsel for the Petitioner that pursuant to the order dtd.03.09.2013 under Annexure-2, the Petitioner appeared before Opp. Party No.3 on 07.09.2013 with all his original certificates to undergo the training. It is submitted that on 13.09.2013 while taking physical measurement when it was noticed that the Petitioner possesses less height than the prescribed height for the post of Constable, he was sent back by the said Opp. Party No.3. Accordingly, the Petitioner was deprived from being allowed to continue as against the post of Constable, even though he was issued with the letter of appointment under Annexure-2.

6. It is submitted by Mr. Sethi, learned counsel for the Petitioner that after completion of the selection process in every respect, the Petitioner was issued with the letter of appointment under Annexure-2 by making his appointment as a temporary Constable. Therefore, Opp. Party No.3 had no occasion to cause physical measurement of the Petitioner once again and denying the Petitioner to undergo the training on the ground that he does not possess the prescribed height for the post of Constable. In support of aforesaid submission, Mr. Sethi, learned counsel for the Petitioner also relied on a decision of this Court reported in the case of Sabyasachi Lenka & Ors. v. State of Odisha& Ors. reported in 2019 (I) ILR-CUT-752.

7. Mr. Sethi, learned counsel for the Petitioner brought to the notice of this Court the relevant Recruitment Rules prescribed by the Home Department vide notification dtd.22.03.2011 i.e. Method of Recruitment and Conditions of Service of Sepoys/Constables in Batalions Rules, 2011. Mr. Sethi, learned counsel for the Petitioner submitted that this Court relying on the pari materia provision contained in the Odisha Industrial Security Force (Method of Recruitment and Conditions of Service of Constable Rules) 2014, in Para 14 of the aforesaid decision in Sabyasachi Lenka’s case, held as follows:-

“In consonance with the rules mentioned above, the State Selection Board, Odisha Police, Cuttack, having determined the number of constables required for the Force, issued advertisement under Annexure-1 to fill up 1370 number of posts of constable by way of direct recruitment by constituting a Selection Board as per Rule-6 taking into eligibility criteria under Rule-7. As per Rule-8, the recruitment centres for constables shall be decided by the Board and the Unit Level Selection Board shall conduct the recruitment test under the direction and supervision of the Board. As per Sub-rule(4) of Rule-11 the Unit Level Selection Board shall start the recruitment process by conducting the physical measurement. Then, the candidates only qualifying the physical measurement shall proceed to the next stage, i.e. physical fitness test an