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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R. Sarangi, J.
Sangeet Kumar Patra – Appellant
Versus
State of Orissa & Ors. – Respondents
WPC (OAC) NO. 2951 of 2017 (In the matter of an application under Articles 226 and 227 of the Constitution of India.)
Decided On : 12-09-2022
OPSC - Appointment as Assistant Executive Engineer (Civil) - Advertisement no.3 of 2015-16 - Clause-3, 6, 9, 10, 11, 12 - The court directed the OPSC to give the petitioner an opportunity to appear in the viva voce test for the post of Assistant Executive Engineer (Civil) within a month from the date of receipt of the judgment.
Fact of the Case:
The petitioner sought direction to appoint him as Assistant Executive Engineer (Civil) after being excluded from the interview despite securing higher marks than candidates from the unreserved category. The OPSC's action was challenged as arbitrary and violative of Article-14 of the Constitution of India.
Finding of the Court:
The court found that the petitioner, belonging to a reserved category, had secured higher marks than candidates from the unreserved category who were called for the interview. The OPSC's denial of opportunity to the petitioner was deemed arbitrary, unreasonable, and violative of Article-14.
Issues: The main issue was the arbitrary denial of opportunity to the petitioner for the viva voce test despite securing higher marks than candidates from the unreserved category.
Ratio Decidendi: The court held that the petitioner, belonging to a reserved category, should have been given the opportunity to appear in the viva voce test for the post of Assistant Executive Engineer (Civil) against any unreserved vacancy, as he had secured higher marks than candidates from the unreserved category.
Final Decision: The court directed the OPSC to conduct the viva voce test for the petitioner within a month from the date of receipt of the judgment, allowing the writ petition with no order as to costs.
JUDGMENT
Dr. B.R. Sarangi, J. - The petitioner, by means of this writ petition, seeks to issue direction to the opposite parties to appoint him as Assistant Executive Engineer (Civil), pursuant to advertisement no.3 of 2015-16 dated 17.04.2015 issued by opposite party no.2-Odisha Public Service Commission (OPSC), after calling him to appear in the interview.
2. The factual matrix of the case, in precise, is that the OPSC issued an advertisement bearing no.3 of 2015-16 dated 17.04.2015 for recruitment to 657 posts of Assistant Executive Engineer (Civil) and 25 posts of Assistant Executive Engineer (Mechanical) in Group-'A' of Odisha Engineering Service under Water Resources Dept., Works Department and H & U.D Department inviting applications through online from the prospective candidates, as per the profoma application available on its website, from 27.04.2015 to 27.05.2015 fixing 29.05.2015 as the last date for payment of application fees for the aforesaid recruitment in the scale of pay of Rs.15,600-39,100/- with Grade Pay of Rs.5,400/- in P.B.-3 with usual dearness allowance and other allowances, as may be sanctioned by the Government of Odisha from time to time. The vacancy position as per requisition filed by different Departments of the Government of Odisha reads as follows:-
'A. Assistant Executive Engineer (Civil)
(i) Under H & U.D. Department:
| Sl. No. | Category | No.of Vacancies | No. of Posted for PwD |
| 1 | UR | 57(19-w) | (i)O.H.-2 (ii)H.I.-02 Total-04 |
| 2 | SC | 24(08-w) | |
| 3 | ST | 38(13-w) | |
| 4 | SEBC | 15(05-w) | |
| Total | 134(45-w) |
(ii) Under W.R Department (Major & Medium Irrigation wing) :
| Sl. No. | Category | No.of Vacancies | No. of Posted for PwD |
| 1 | UR | 147(49-w) | (i)O.H.-05 (ii)H.I.-04 Total-09 |
| 2 | SC | 0 | |
| 3 | ST | 111(37-w) | |
| 4 | SEBC | 33(11-w) | |
| Total | 291(97-w) |
(iii) Under Works Department
| Sl. No. | Category | No.of Vacancies | No. of Posted for PwD |
| 1 | UR | 109(36-w) | (i)O.H.-04 (ii)H.I.-03 Total-07 |
| 2 | SC | 19(06-w) | |
| 3 | ST | 78(26-w) | |
| 4 | SEBC | 26(09-w) | |
| Total | 232(77-w) |
NOTE:- The candidate are required to give their preference/choice of Departments in their online application form for the post of Assistant Executive Engineer (Civil).
B. Assistant Executive Engineer (Mechanical) (Under Water Resources Dept.)
| Sl. No. | Category | No.of Vacancies | No. of Posted for PwD |
| 1 | UR | 12(04-w) | O.H/H.I-01 Either O.H. or H.I category with higher score and preference to O.H. category when scores are equal. |
| 2 | SC | 05(02-w) | |
| 3 | ST | 06(02-w) | |
| 4 | SEBC | 02 | |
| Total | 25(08-w) |
2.1 The educational qualification, as prescribed under Clause-3 of the advertisement, reads as follows:-
'3. EDUCATIONAL QUALIFICATION:
A candidate must hold a Degree in Engineering in Civil/Mechanical or an equivalent qualification from any University or Institution recognized by the Government or he must be an Associated Member of the Institution of Engineers of India in Civil/Mechanical'.
2.2 The method of selection, as has been provided under Clause-6 of the advertisement, reads as follows:-
'6. METHOD OF SELECTION: The selection of candidates for recruitment to the above posts shall be made on the basis of Objective Type Written test and Viva Voce test. The weight-age on objective type written test shall 90 %( ninety per cent) and weight-age on viva test shall be 10 %( ten per cent). The Commission will prepare a common merit lists in respect of Assistant Executive Engineer (Civil) and Assistant Executive Engineer (Mechanical) for allotment to different departments as per their preference and ranking given in their online application/hardcopy.'
2.3 In addition to the above, other eligibility conditions are prescribed under Clause-9 and other conditions are prescribed under Clause-10 of the advertisement. Sub-clause (vi) of Clause-10, being relevant, is extracted hereunder:-
'Concessions meant for S.C., S
AI
Reserved category candidates securing higher marks than unreserved category candidates are entitled to opportunities in the unreserved category, and denial of such opportunities is arbitrary and viol....
Equitable treatment of similarly situated candidates in recruitment processes is crucial to prevent discrimination, as established under Article 14, especially when irregularities in selection are ev....
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
Merit-based appointment allows candidates from reserved categories to assume Unreserved posts, emphasizing that use of SEBC certificates for employment is permissible if supported by merit.
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