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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO
Shakti Prasad Mishra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to recruitment advertisement (Para 1 , 2 , 3) |
| 2. validity of qualification requirements (Para 4 , 5) |
| 3. interim orders and case status (Para 6 , 7) |
| 4. arguments against statutory rules (Para 11 , 14) |
| 5. legislative competency in rule making (Para 18 , 20 , 24) |
| 6. final ruling on the writ petition (Para 22 , 25 , 27) |
JUDGMENT :
1. The subject matter of the writ petition is challenge to advertisement dated 02.11.2022 issued by the Odisha Staff Selection Commission-opposite party no.2(OSSC- O.P. No.2) for recruitment to the post of Assistant Training officer (ATO) in Government Industrial Training Institutes (ITIs) under Combined Technical Services Recruitment Examination for Group-B posts/services, for various Departments of Govt. of Odisha. The last date of online application was 10.12.2022. At Sl. No.7 of the advertisement for recruitment is the impugned recruitment for the post of ATO indicated, as per the following details:
2. All the petitioners have stated to be working as Part Time Guest Instructors (PTGIs) in the Government ITIs. They have further stated that they have completed more than fifteen years of service and their case for regularization against
The court affirmed the validity of prescribed qualifications for recruitment, emphasizing legislative authority and restricted judicial review in educational matters.
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 amendment to recruitment rules for vocational instructors is valid and consistent with central guidelines, asserting state competence to legislate on education within constitutional limits.
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
The Board of Governors of IIT Kanpur has the authority to establish recruitment rules and qualifications, and courts should not interfere in policy matters unless there is a clear legal error.
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