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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Jitendra Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner challenges appointment selection. (Para 1 , 2) |
| 2. reservation rules were not followed. (Para 3 , 4) |
| 3. opposite parties justify recruitment process. (Para 5 , 6) |
| 4. court hears parties' arguments. (Para 8 , 9) |
| 5. court analyses reservation compliance. (Para 11 , 12 , 13) |
| 6. writ petition dismissed. (Para 14 , 15) |
JUDGMENT :
1. The present writ petition is at the behest of the petitioner assailing the impugned decision by order dated 9th September, 2022 as at Annexure-9 of opposite party No.2 and the selection and appointment of opposite party No.3 and further to direct the opposite parties to include him in the select list in SEBC category with an appointment order issued in his favour for the post of the Block Social Security Officer (BSSO) within a stipulated period on the grounds inter alia that such decision of the authority concerned is erroneous and legally untenable and hence, liable to be interfered with and set at naught.
3. The undisputed facts are that the advertisement for the recruitment in question was published on 1st November, 2017 by opposite party No.2 and it was in respect of the posts advertised for the vacancies with following break ups,
The court affirmed that the application of reservation should adhere to cadre strength and existing vacancies, rejecting claims for excessive reserved posts without basis.
Gujarat Public Service Commission – Waiting list - It cannot be said that GPSC has committed any error in preparing select list and putting petitioners in wait list, as petitioners have secured marks....
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.
Reserved category candidates can be appointed to Unreserved vacancies based on merit without violating recruitment rules or constitutional provisions.
The empanelment in the select list does not confer an automatic right to appointment, but candidates have a right to be considered for appointment under the reserved quota meant for SEBC (W) category....
The selection process for reserved positions must adhere strictly to established cut-off marks for each category, and a candidate cannot claim entitlement based on comparative performance against can....
The court clarified the principles of implementation of reservations for women candidates and the interplay between vertical and horizontal reservations, emphasizing the eligibility for recommendatio....
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....
The main legal point established in the judgment is the lack of vested rights for the petitioners and the role of the State Government in making appointments, as well as the justifiability of necessa....
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