JUDGMENT

01.05.2023 Savitri Ratho, J. The common grievance of the petitioners in all these writ petitions is the substitution of the method of selection contained in Rule 7 of the Odisha Engineering Service (Method of Recruitment and Condition of Service) Rules, 2012 (in short “OES Rules 2012”) by Rule 4 of Odisha Engineering Service (Methods of Recruitment & Conditions of Service) Amendment Rules, 2021 (in short “the Amendment Rules 2021” .Vide this amendment , marks awarded for career marking, written test and vive voce have been substituted by the highest GATE Score obtained in the last three years , preceding the advertisement.

So we have to decide whether the amendment of Section 7 of the Odisha Engineering Service (Method of Recruitment and Condition of Service) Rules, 2012 (in short “OES Rules 2012” ) by Rule 4 of Odisha Engineering Service (Methods of Recruitment & Conditions of Service) Amendment Rules, 2021 (in short “the Amendment Rules 2021”) by substituting the method of selection by the OPSC on the basis of career marking , written test and vive voce by the highest GATE Score obtained in the last three years preceding the advertisement, is sustainable or is arbitrary, discriminatory and ultra vires the 2012 rules and also whether the Advertisement No 20 – 2022-23 dated 18.03.2023, published by the Orissa Public Service Commission is liable to be quashed.

PRAYERS IN THE WRIT PETITIONS

2. In W.P.(C) No.15378 of 2022, the following prayer has been made.

“In the facts and circumstances of the case the petitioners respectfully pray that the Hon’ble Court may graciously be pleased to admit this case, issue notice to the opp. parties to show cause to as to why the “Odisha Engineering Service (Methods of Recruitment & Conditions of Service) Amendment Rules, 2021” shall not declared as ultra virus to the constitution and if the opp. parties fail to show cause or show insufficient cause, the Hon’ble Court upon hearing the parties may further be pleased to allow this writ petition by striking down the amendment and may be further pleased to pass such other order/orders, direction/directions as may be deemed expedient in the interest of justice and for this act of kindness as the petitioners are duty bound shall ever pray.”

3. In W.P. (C) No.10936 of 2023, the following prayer has been made :

…..“ (iii) Issue RULE NISI calling upon the opposite parties more particularly Opp. party Nos.1, 2 and 4 to show cause as to why the Rule 7 of the Odisha Engineering Service (Methods of Recruitment and conditions of Service) Amendment Rule, 2021 under Annexure:3 shall not be declared ultra vires and the consequential advertisement No.20 of 2022-23 under Annexure-

5 shall not be quashed.

(iv) If the opposite parties fail to show cause or show insufficient cause, issue a writ in the nature of certiorari by declaring Rule 7 of the Odisha Engineering Service (Methods of Recruitment and conditions of Service) Amendment Rule, 2021 under Annexure-3 ultra vires and the consequential advertisement No.20 of 2022-23 issued by the Opposite Party No.4 under Annexure:5 be quashed;

(v) Issue a writ in the nature of mandamus or any other writ/writs direction / directions directing the opposite parties to accept the applications of the petitioners for the post of Assistant Executive Engineer (Civil) pursuant to the advertisement under Annexure-5 and their candidature be considered in terms of Odisha Engineering Service (Method of Recruitment and Condition of Service) Rules, 2012 without insisting for GATE within a reasonable time to be stipulated by this Hon’ble Court.”……

4. In W.P. (C) No.10955 of 2023, the following prayer has been made:

“ (i ) To show cause as to why the Rule 7( 3)

and 7(4) of the Odisha Engineering Service (Methods of Recruitment and Conditions of Service) Rules 2012 brought by 2021 amendment (Annexure 3)shall not be declared ultra vires and the consequential advertisement No. 20 of 2022 /2023 ( Annexure 8) issued by Opp.Party No. 4 for recr