The doctrine of bias and the principle of natural justice were central to the court's decision, emphasizing the need for a fair and transparent selection process free from nepotism and favoritism.

JUDGMENT :

S.K. Panigrahi, J.

1. The petitioners have filed this writ petition challenging the entire process of selection conducted by the Odisha Public Service Commission for recruitment to the post of Assistant Professors in Psychology in different State Public Universities under the administrative control of Higher Education Department.

2. The petitioners who had offered their candidature pursuant to an advertisement bearing no-08 0020-dated 08.02.2021 issued by the Odisha Public Service Commission (OPSC) for recruitment to the post of Assistant Professor in different State Public Universities of Odisha and were subsequently shortlisted for interview, in the present writ application seeks to challenge the notice bearing no-8881/PSC dated 06.12.2021 and letter/order bearing file no-HE-UE-POLICY-0017 2020 51061/HE dated 14.12.2021 and the massive irregularity committed by the opposite party No-2 in the process of selection particularly by appointing two subject experts in the interview Board who are the Ph.D. guide of some candidates and also written some articles with some of the selected candidates who participated in the interview and selecting one candidate namely Monalika Rath who admittedly did not qualify for the interview and her candidature was rejected and reflected in the rejection list of the candidates. The petitioner calls in question the said action of the opposite parties as not only illegal and arbitrary but also contrary to the principles of fair play in the selection process inasmuch as the process is contrary to the statutory provisions governing the field.

3. The grievance of the petitioners is that although they were found eligible and called to appear in the interview but they fell victim in the hands of authorities as well as the expert bodies conducting the interview and selecting the candidates through favouritism and nepotism as a result of which the candidates who are less meritorious and belong to other reserved category made an in road into the select list. Therefore, the petitioners question the integrity and propriety of the persons conducting such interview to make a way for their research scholars to the select list.

I. Facts of the case

4. In order to fill up large number of posts of Assistant Professor in different disciplines including the discipline of Psychology, an advertisement bearing Advt. No-08 of 202021 dated 08.02.2021 was issued by the Odisha Public Service Commission (OPSC in short)/ Opposite Party No-2 inviting applications from the intending eligible candidates to offer their candidature for the post lying vacant in different State Public Universities.

5. Pursuant to the aforesaid advertisement large number of candidates including the present petitioners who had fulfilled all the eligibility criteria as well as the educational qualifications prescribed in the advertisement conforming to the UGC Regulations, 2018 offered their candidatures. Thereafter, the OPSC verified the same and by virtue of the notice bearing number 8124/PSC dated 09.11.2021 published the PPSAN number of the candidates whose candidatures were rejected on the ground noted in the column "reasons of rejection".

6. So far as the opposite party No-8 is concerned (Monalika Rath) is concerned, her PPSAN number 00093204" was published amongst the list of rejected candidates and the reason for such rejection was cited as "non-submission of certificates from Registrar/Dean" regarding Ph.D. On the very same day the OPSC by virtue of another notice bearing No-8120/PSC dated 09.11.2021 published the PPSAN of 44 number of candidates who qualified for the interview for recruitment to the post of Assistant Professor in Psychology.

7. Among the PPSAN of 44 number of candidates, the PPSAN of the petitioners’ name were reflected in the notice dated 09.11.2021 and they were called to appear in the interview on the respective dates mentioned in the notice. Admittedly, the PPSAN of the candidates namely Monalika Rath (00093204) did not