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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Rajat Kumar Mishra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners challenge opsc's selection process (Para 1 , 2 , 3) |
| 2. no subject-wise minimum qualifying marks in rules (Para 4 , 11) |
| 3. rules governing aso recruitment outlined (Para 5 , 6) |
| 4. opsc's discretion in shortlisting candidates (Para 18 , 21 , 28) |
| 5. estoppel does not apply; illegality in procedure (Para 26 , 38) |
| 6. writ petition allowed; selection list quashed (Para 62 , 63) |
JUDGMENT :
1. By filing the present writ petition, the Petitioners, who are 16 in number, have questioned the selection process adopted by the Odisha Public Service Commission (in short ‘OPSC’) while short listing the candidates, who had submitted their candidature pursuant to Advertisement No.26 of 2021-22 under Annexure-1 issued by OPSC on the principal ground that the procedure adopted by the OPSC for second stage of selection, i.e., viva voce test as illegal, arbitrary and dehors the rules. Moreover, they have also prayed for quashing the merit/select (shortlisted) list published in Notice dated 07.11.2022 by the OPSC for documents verification and skill test under Annexure-5 by declaring that the procedure followed by OPSC in shortlisting the candidates for recruitment to the post of A
The court clarified that subject-wise qualifying marks cannot be enforced post-examination as it contradicts the established selection rules, emphasizing the necessity for procedural clarity and comp....
The Commission cannot prescribe additional requirements for selection beyond the Rules.
Public Service Commission - Civil service Examination - Public Service Commission have no power to relax the recruitment norms - Public Service Commission have no power to relax the recruitment norms
Rule 12(1)(i) of Rules of 2006 prescribes that no person selected for appointment by direct recruitment shall be appointed unless appointing authority is satisfied that he possesses a good moral char....
Minimum qualifying marks must be obtained in each subject rather than an aggregate score; changes to recruitment criteria cannot be made after the process has commenced.
The court affirmed the authority of recruitment committees to establish cut-off marks post-examination, provided it serves the objective of selecting qualified candidates.
The court upheld the validity of minimum qualifying marks for recruitment as a discretionary power of the Commission, emphasizing administrative fairness and the principle that participation in the p....
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
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