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2022 Supreme(Ori) 429
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. Sahoo, J.
Kalandi Charan Barik – Appellant
Versus
State of Odisha – Respondent
Writ Petition (C) No. 22181 of 2022
Decided On : 05-12-2022
S.K. Pradhan, Advocate, Saswat Das, Advocate
Appearance in a select list does not confer a right to appointment, and delay in approaching the court for relief may justify dismissal of the petition.
Headnote:
Appointment - Multiple Purpose Assistant - 2007 - [Article 226 of the Constitution], [State of Orissa and another -Vrs.- Rajkishore Nanda and others (2010) 6 Supreme Court Cases 777]
Fact of the Case:
The petitioner sought appointment as Multiple Purpose Assistant (GRS) in Jharbeda Gram Panchayat under Pallahara Block based on a merit list prepared in 2007. The petitioner's name was at Sl. No.3 in the merit list.
Finding of the Court:
The court found that the petitioner's delay in approaching the court after fifteen years of the publication of the merit list without reasonable explanation justified the dismissal of the writ petition.
Issues: (i) Whether the merit list prepared in 2007 can be acted upon after fifteen years; (ii) Whether relief as sought for by the petitioner can be granted in view of inordinate delay in approaching the Court?
Ratio Decidendi: Appearance of the name of a candidate in the select list does not give him a right of appointment. Mere inclusion of the candidate's name in the select list does not confer any right to be selected, even if some of the vacancies remain unfilled. No relief can be granted to the candidate if he approaches the Court after expiry of the select list.
Final Decision: The writ petition was dismissed due to the petitioner's inordinate delay in approaching the court.
JUDGMENT
S.K. Sahoo, J. - This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
2. Heard Mr. S.K. Pradhan, learned counsel for the petitioner and Mr. Saswat Das, learned Additional Government Advocate for the State of Odisha.
3. The petitioner Kalandi Charan Barik has filed this writ petition with a direction to the opposite parties more particularly to the opposite party no.3, the Collector -cum- C.E.O., Zilla Parishad, Angul to give him appointment as Multiple Purpose Assistant (GRS) in Jharbeda Gram Panchayat under Pallahara Block.
4. It is the case of the petitioner that on 07.08.2007, the opposite party no.3 published an advertisement for engagement as Multiple Purpose Assistant under all the 209 Gram Panchayats of Angul district on contractual basis with a consolidated remuneration of Rs.2,000/-(rupees two thousand) per month. As per the advertisement, the petitioner submitted his application along with the documents relating to his requisite qualifications for the said post and on 24.09.2007, the opposite party no.2, the Project Director, District Rural Development Agency, Angul published a merit list of candidates in which the name of the petitioner finds place in Sl. No.3 for Jharbeda Gram Panchayat. The Sl. No.1 candidate, namely, Puspa Ranjan Pradhan who was selected as GRS for the said Gram Panchayat stated to have manipulated some documents and obtained the residential certificate and after the said fact came to the notice of the present petitioner, he submitted a complaint before the opposite party no.5, the Tahasildar, Pallahara for verification of the residential address of the select list no.1 candidate Puspa Ranjan Pradhan. After enquiry, the Tahasildar found that the said candidate does not belong to village Raipal for which the residential certificate as well as other certificates were cancelled. Puspa Ranjan Pradhan preferred an appeal before the opposite party no.4, the Sub-Collector, Pallahara challenging the order of the Tahasildar which was dismissed in Appeal No.02 of 2007 and the order passed by the Tahasildar was upheld. The writ petition filed by the said candidate before this Court vide W.P.(C) No.135 of 2008 was also dismissed on 24.11.2007.
5. It is the case of the writ petitioner that the second candidate as per the merit list was one Akshaya Kumar Pradhan, who died on 06.05.2009 and since the person who got the first position in the merit list became ineligible and the second person died, the petitioner being Sl. No.3 in the merit list submitted his representation before the opposite parties nos.2 and 3 with a prayer to give him appointment against Multiple Purpose Assistant (GRS) post under Jharbeda Gram Panchayat.
6. It is the contention of the learned counsel for the petitioner that since the petitioner remained as the sole candidate in the merit list which was prepared in the year 2007, he should be given appointment for the said post. It is further submitted that a representation was filed on 18.11.2021 before the opposite party no.3, the Collector -cum- C.E.O., Zilla Parishad, Angul and a copy of the same was also served on the opposite party no.2, the Project Director, District Rural Development Agency, Angul but the same has not been acted upon and therefore, direction is sought for to the opposite parties to give him appointment as Multiple Purpose Assistant (GRS).
7. Mr. Saswat Das, learned Additional Government Advocate, on the other hand, submitted that the petitioner is virtually praying before this Court to act upon the merit list (select list) which was prepared in the year 2007 and appointment has been given basing on that list and there is inordinate delay in approaching this Court and in the meantime, almost fifteen years have passed and the merit list prepared in the year 2007 cannot be treated as a perpetual reservoir for the purpose of appointment and no indefeasible right accrued in favour of the petitioner merely because his name fin
