IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 11144 of 2018 In the matter of an application under Articles 226 & 227 of the Constitution of India.

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Dr. Biswanath Sahoo …. Petitioner -versus-

Vice Chancellor, Odisha …. Opposite Parties University of Agriculture and Technology, BBSR & Ors.

For Petitioners : Mr. S. Rath, Advocate For Opp. Parties : Mr. A. Tripathy, Addl. Govt. Advocate Mr. A. Mohanty, Sr. Advocate along with Mr. S.S. Padhi, Advocate (Opp. Party No. 3)

Mr. S.C. Rath, Advocate (Opp. Party Nos. 1 & 2)

PRESENT:

THE HON’BLE JUSTICE BIRAJA PRASANNA SATAPATHY ---------------------------------------------------------------------------------------

Date of Hearing: 18.12.2024 & Date of Judgment: 11.03.2025 ---------------------------------------------------------------------------------------

Biraja Prasanna Satapathy, J The present writ petition has been filed by the Petitioner challenging the selection and appointment of Opp. Party No. 3 as against the post of Senior Scientist (Horticulture) vide order of appointment issued on 28.02.2018 under Annexure-1.

2. It is contended that Odisha University of Agriculture & Technology (in short „OUAT‟) vide its advertisement dtd.26.09.2017 under Annexure-2 invited applications from eligible candidates for recruitment to the post of Senior Scientist and Junior Scientist. Petitioner and Opp. Party No. 3 made their applications as against the post of Senior Scientist (Horticulture). In the said advertisement as against the post of Senior Scientist, the minimum essential qualification indicated in Para 5 of the advertisement reads as follows:-

“(i) Minimum 2nd Class Bachelor's Degree in Agriculture/ Horticulture/ Agril. Engg & Technology/ Veterinary Science / Fishery Science/ Home Science/ Forestry with at least 55% marks or equivalent grade point (ii) Minimum 2nd Class Master's Degree in relevant subject with atleast 55% marks or equivalent grade point (iii)Ph.D. Degree in the relevant subject (iv) Five (5) years experience in teaching/research/ extension education in concerned subject (excluding the period spent on Ph.D. study, subject to a maximum period of 3 years) in the rank of Assistant Professor / equivalent in the pay scale of the Rs.8,000- 275-13,500/-(Pre-revised) or AGP Rs.6,000/-Rs. 15,600-39,100/-+

(revised)

(v) Significant contribution to Research /Teaching/ Extension Education as supported by published works / innovations”

2.1. It is contended that as provided under Para 5 of the advertisement along with the qualification of 2^nd class Bachelors Degree with 2^nd Class Masters Degree having 50% mark or equivalent grade, a candidate should have acquired Ph.D. degree in the relevant subject. Since Petitioner and Opp. Party No. 3 both made their applications as against the post of Senior Scientist (Horticulture) as provided under Para 5, a candidate should have Ph.D. degree in the relevant subject i.e. Horticulture.

2.2. It is contended that as found from Annexure-3, Petitioner does have the required Ph.D. in Horticulture and is having 2^nd Class Bachelor‟s Degree with 2^nd Class Masters degree with 55% mark. Accordingly, in terms of the advertisement Petitioner does have the required qualification as against the post of Senior Scientist (Horticulture).

2.3. However, it is contended that even though Opp. Party No. 3 who was selected and appointed vide order of appointment issued under Annexure-1, does not have the required Ph.D. in Horticulture. Accordingly, she was not eligible to make the application as against the post in question. As found from Annexure-6, Opp. Party No. 3 does have the Ph.D. in the subject Botany (Science) from Utkal University, BBSR. It is accordingly contended that since Opp. Party No. 3 in terms of Para 5 of the advertisement does not have the Ph.D. in the relevant subject i.e. Horticulture and she does have the Ph.D. in Botany, in view of the clear stipulation in Para 5, Opp. Party No. 3 was not eligible to make the application. But the authorities of OUA