IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY, J.
Bighneswar Barik and Another – Appellants
Versus
State of Odisha and Others – Respondents
W.P. (C) No. 35206 of 2025
Decided On : 28-01-2026
| Table of Content |
|---|
| 1. writ petition context and orders. (Para 1 , 2 , 3) |
| 2. arguments regarding recruitment modalities. (Para 4) |
| 3. court's analysis and interim orders. (Para 5 , 6) |
| 4. analysis of committee's decisions and legality. (Para 8) |
| 5. final disposal of the writ petition. (Para 9) |
ORDER :
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties. Affidavit filed in Court be kept in record.
3. The present Writ Petition has been filed by the Petitioner inter alia with the following prayer:-
“It is, therefore, most humbly and respectfully rayed that this Hon’ble Court may be graciously pleased issue Rule NISSI calling upon the Opp. Parties to show cause as to why :-
1. The order no. 8421 dtd 03.11.2025 issued by OP. No. 2 under annexure-16 shall not be quashed after declaring the same as illegal;
2. The O.P. No.2 shall not be directed to conduct the recruitment as per modalities fixed on 08.09.2025 which has been prepared in compliance to Order dtd. 18.07.2025 passed in WPC(OAC) No.1322 of 2016 as well as Order dtd. 04.09.2025 passed in CONTC No. 1626 of 2024 within a stipulated period;
If the Opp. Parties fail to show cause or show insufficient cause, the Rule may be made absolute;
And further be pleased to pass any other order/orders as would be deemed fit and proper;
And for this act of kindness, the petitioners as in duty bound shall ever pray.”
4. It is contended that advertisement issued for recruitment to various post by Opposite Party No.2 on 22.10.2012 was the subject matter of dispute in O.A. No.1322(C) of 2016. The said Original Application after being transferred to this Court was disposed of finally vide order dtd.18.07.2023 under Annexure-11 with the following direction so contained in Para-6:-
“6. Accordingly, while disposing the Writ Petition as well as all the pending Interim Applications, this Court directs Opposite Party No.2 to proceed with the recruitment in terms of the advertisement issued under Annexure-2 by making necessary modification and complete the recruitment process within a period of 6 (six) from the date of receipt of this order, if there is no other legal impediment.”
4.1. Learned Senior Counsel appearing for the Petitioners contended that on being communicated with the order so passed by this Court under Annexure-11, Opposite Party No.2 issued a notice on 28.07.2023 under Annexure-12. In the said notice, it was clearly indicated that the recruitment will be held in terms of the advertisement issued on 22.10.2012 and the notice issued under Annexure-12.
4.2. It is contended that after issuance of such a notice under Annexure-12 on 28.07.2023 to proceed with the recruitment in terms of the advertisement dtd.22.10.2012, when no action was taken, CONTC No.1626 of 2024 was filed, seeking compliance of order dtd.18.07.2023. In the said Contempt Petition, Opposite Party No.2 on his Personal appearance basing on the letter issued on 02.09.2025 by Opposite Party No.1, fairly contended that recruitment will be conducted strictly in terms of the advertisement issued on 22.10.2012 and the exercise will be completed by the end of 2025.
4.3. It is contended that after disposal of the Contempt Petition vide order dtd.04.09.2025, Opposite Party No.2 vide his letter dtd.08.09.2025, prescribed the modalities to be followed for recruitment of 54 (Group-C) Industrial Post as per advertisement dtd.22.10.2012, in terms of the decision taken by the Appointment Committee in its proceeding dtd.31.03.2021, so approved by the Government-Opposite Party No.1 in its letter dtd.27.08.2021.
4.4. It is contended that, on the face of the modality approved by the Committee in its proceeding dtd.31.03.2021 with approval of the Government vide letter dtd.27.08.2021, so issued on 08.09.2025, the impugned letter was issued by Opposite Party No.2 under Annexure-16 on 03.11.2025, prescribing different modalities to conduct the recruitment in question.
4.5. Learned Senior Counsel
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....
Point of Law : Selecting body does not have its right to alter the procedure for selection than what is prescribed under the relevant Service Rules, 2014 and Recruitment Rules, 2017.
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....
The authority to issue recruitment advertisements for Village Agricultural Workers lies solely with the Director of Agriculture, and any deviation renders the process unlawful.
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