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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Arabinda Panda – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
The present writ petition has been filed by the Petitioners challenging the advertisement so issued by the Odisha Public Service Commission (in short Commission) vide Advertisement No. 9 of 2024-25 under Annexure-15 and with a further prayer to direct Opp. Party Nos. 1 & 3 to de-reserve the backlog SC & ST Posts of Medical Officers (Asst. Surgeons) in Group-A (Junior Branch) of the Odisha Medical and Health Services Cadre, which has not been filled up for more than 3 recruitment years, keeping in view of the provisions contained under Sec. 7 of the Odisha Reservation of Vacancies in post and services (For Scheduled Castes and Scheduled Tribes) Act, 1975 (in short Act).
2. While assailing the impugned advertisement so issued under Annexure-15, learned Sr. Counsel appearing for the Petitioners vehemently contended that since while making the advertisement, to fill up 411 UR posts, in respect of the reserved category candidates, the vacancies have been indicated at a much higher side, violating the reservation principle, the advertisement is not sustainable in the eye of law and requires interference of this Court.
2.1. It is contended that in view
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 court ruled that no reservation is necessary for super specialty posts, affirming that adherence to merit must prevail in such appointments.
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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