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IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy
Nihar Ranjan Biswal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to selection process on non-reservation basis (Para 1) |
| 2. claim for reservation for reserve category candidates (Para 2 , 3) |
| 3. arguments against need for reservation at super speciality level (Para 4) |
| 4. post classification and implications of prior decisions (Para 5) |
| 5. clarification on post levels and reservation applicability (Para 6) |
| 6. summary judgement and basis of court's decision (Para 7) |
| 7. independence of selection process despite petitions (Para 8) |
JUDGMENT :
Since both these writ petitions have been filed challenging the process of the selection initiated vide Advertisement No. 20/2021-22 dtd.10.11.2021 so issued by the Odisha Public Service Commission (in short Commission) for recruitment to the post of Asst. Professor (Super Speciality) in Group-A under the Odisha Medical Education Service (in short OMES) Cadre, both the matters were heard analogously and disposed of by the present common order.
“6. Reservations.- Notwithstanding anything contained in these rules reservations of vacancies or posts, as the case may be, for-
3. It is contended that Petitioners in both these cases since belong to reserve category and because of the nature of advertise
The court ruled that no reservation is necessary for super specialty posts, affirming that adherence to merit must prevail in such appointments.
The court established that the application of reservation in recruitment must adhere to prescribed procedures set by the State Government, and any deviation from this framework renders the recruitmen....
The ceiling limit for reservations in recruitment must not exceed 50%, and backlog vacancies should be managed according to established legal principles, ensuring equality of opportunity for all cand....
The impugned advertisement is legal, fair and in consonance with the 2021 Rules. The Petitioners cannot be granted any relief by way of a Writ and the present Writ Petitions are liable to be dismisse....
The Court emphasized the obligation of the authority to appoint the next selected candidate in case of a vacancy and deemed the inclusion of the vacancy in the subsequent advertisement as illegal.
Reservation – State is empowered to provide a separate channel/source of entry or reservation for admission to post-graduate degree/diploma medical courses insofar as in-service candidates are concer....
The State of Tamil Nadu is within its competence to provide reservation for in-service candidates seeking admission to postgraduate degree/diploma medical courses, including Super Specialty seats, as....
Court upheld that without explicit reservation for sports candidates in the recruitment advertisement, a petitioner cannot claim preferential selection based solely on sports status.
Point of law: Reservation of post - reservation has to be subject-wise - a case cannot be referred to a larger Bench on mere asking of a party. A decision by two Judges has a binding effect on anothe....
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