Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Prafulla Kumar Purohit – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenging an advertisement for vaw recruitment. (Para 1) |
| 2. previous challenges to advertisements outlined. (Para 2) |
| 3. court's analysis of relevant statutory compliance. (Para 3 , 4 , 5 , 6 , 7) |
| 4. court finding concerning authority and advertisement legality. (Para 10) |
| 5. court's decision quashing the advertisement and awarding compensation. (Para 11) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
2. It is the case of the Petitioners in all these Writ Petitions that Director of Agricultural and Food Production when issued an advertisement on 18.05.2008 inviting applications to fill up vacant posts of VAW and lady VAW on contractual basis in different districts of the State, the same was challenged before this Court in W.P.(C) No.10285 of 2008. This Court vide its order dtd. 14.08.2008, while quashing the advertisement disposed of the writ petition inter alia with the following order:-
The rules framed by the Government, if not followed by its own authorities, will ultimately lead to conclusion, the advantage of which should be taken by the dishonest officials and unscrupulous candidates. In a case of similar nature (W.P.(C) No.7833/2007 disposed of on 8.7.2008) this Court
The authority to issue recruitment advertisements for Village Agricultural Workers lies solely with the Director of Agriculture, and any deviation renders the process unlawful.
Employment and Service matter - Qualification and experience - Posts of Sericulture Demonstrator - Doctrine of estoppels - Principle of estoppel as applicable to Petitioners therein, it is seen that ....
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
The court emphasized that appointments made in violation of interim directions are unsustainable, reinforcing the necessity of adhering to such orders in recruitment processes.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
The court mandated adherence to established recruitment procedures under Rule 9(A), quashing any conflicting directives to ensure timely fulfillment of the recruitment process as published in the ori....
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
