Compliance with specific advertisement requirements is necessary to claim benefits under reserved categories.

JUDGMENT :

B.R. SARANGI, J.

The petitioner, by means of this writ, seeks to quash the order dated 09.11.2012 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 334 (C) of 2012, and to issue direction to the opposite parties to give him appointment in the post of Junior Assistant under unreserved Physically Handicapped category.

2. The factual matrix of the case, in brief, is that Orissa Staff Selection Commission issued an advertisement through its Secretary on 12.03.2010 for recruitment to the posts of Junior Assistant for the offices of the Heads of the Department. In the said advertisement, out of total number of 218 posts, 69 were reserved for women. The advertisement also contemplated that vacancies for ex-servicemen, sports persons and physically handicapped category shall be filled up as per rule in force. The number of vacancies shown above and the category-wise reservation position were tentative and subject to change as per rules as would be in force at the time of publication of result/issuance of appointment order.

2.1 Under clause 3 of the advertisement, the educational qualification was prescribed. According to said clause, the candidates must be an Intermediate/+2 Arts/ Science/ Commerce or equivalent from a recognized University/Board and must have passed Oriya equivalent to M.E. standard. The age limit was prescribed under clause 4 that the candidates should not be less than 18 years and more than 32 years of age as on 01.01.1997. However, a candidate completing 18 years of age, as on 01.01.2010, would also be eligible to apply. The upper age limit was relaxable by 5 years in case of SC/ST and women candidates, 3 years in case of SEBC candidates, 10 years in case of physically handicapped candidates, and the period of entire admissible service rendered as per rules in case of ex-servicemen, and only one type of relaxation in age was permissible. Clause 5 of the advertisement prescribes eligibility.

2.2. Pursuant to the said advertisement, the petitioner submitted his application under Physically Handicapped category against the vacancy made available as per the rules. Clause 13 of the advertisement prescribes the documents to be attached and Clause 13 (h) prescribes that in case of Physically Handicapped persons, attested copies of certificates/identity cards issued by competent authority are to be attached to justify that he is physically handicapped. The petitioner was an unemployed graduate belonging to unreserved category and was also physically handicapped. His application having been found in order, he was called upon to appear both in “preliminary” as well as “main written” examinations for the post of Junior Assistant.

2.3 Needless to say that when the petitioner appeared the examination, in the OMR application form he mentioned that he belongs to physically handicapped category ‘ORTHO’. The said OMR application, which was received by the petitioner under RTI Act, has been annexed as Annexure-3. Though select list was prepared indicating the names of 295 candidates, the name of petitioner did not find place in the said select list. Therefore, the petitioner sought information under Right to Information Act. In compliance to the same, he was supplied with the mark sheet vide letter dated 17.08.2011 under Annexure-5, showing to have secured 171.75 marks, which was the highest mark in the PH category. In spite of securing highest mark under PH category, his name did not find place in the merit list. Therefore, the petitioner sought information, by way of filing a representation, as to under what circumstances his name was not reflected in the select list. On consideration of his representation, he was supplied with the information on 09.09.2011 under Annexure-7, that his representation dated 16.08.2011 was verified and found that he had not submitted P.H. Certificate from the competent authority for which he was not considered eligible in the said category. Hence, the petitioner ap