JUDGEMENT

M URAHARI S RI R AMAN , J. — T HE CHALLENGE :

With a prayer to quash the written examination held on 19.03.2023 for the post of Drugs Inspector (Group-B) under the Health and Family Welfare Department pursuant to Advertisement No.08 of 2022-23 (Annexure-

4) published in the website of the Odisha Public Service Commission— http://opsc.gov.in— the petitioner has approached this Court invoking provisions under Articles 226 and 227 of the Constitution of India, assailing that the Test Booklet containing questions set for examination of 8 subjects are contrary to the prescription of Rule 6(4) of the Odisha Drugs Control Service [Drugs Control Administration] (Methods of Recruitment and Conditions of Service) Rules, 2020.

Page 3 of 48 T HE FACTS :

2. The facts adumbrated in the writ petition reveals that the petitioner, applicant for the post of Drugs Inspector (Group-B) under the Health and Family Welfare Department in response to the advertisement bearing No.08, dated 2022-23 issued by the opposite party No.2-

Odisha Public Service Commission (for short referred to as “OPSC”), after appearing in the examination held on 19.03.2023 by dint of admission certificate issued on

10.03.2023, could ascertain that the questions set in the Test Booklets (Annexure-6), are in deviation of subject-

wise marking pattern prescribed under Rule 6(4) of the Odisha Drugs Control Service [Drugs Control Administration] (Methods of Recruitment and Conditions of Service) Rules, 2020 (“ODCS Rules”, for brevity).

2.1. Rule 6(4) of the ODCS Rules, 2020 requires the examination to comprise of 25 marks (twenty-five) in each of the 8 subjects in respect of which the questions are set in the Test Booklet specifying each question shall carry 01 (one) mark. Therefore, it is alleged at paragraph 10 of the writ petition that in the examination, the Test Booklet comprised of eight subjects, but without adhering to the norm prescribed for allocation of marks.

2.2. Paragraph 10 of the writ petition is extracted hereunder for better appreciation of facts:

Page 4 of 48 “That the petitioner humbly submits that violating the Rule 6(4)(c) of the Odisha Drugs Control Service [Drugs Control Administration] (Methods of Recruitment and Conditions of Service) Rules, 2020 and Clause 6(c) of advertisement under Annexure-4, the opposite party No.2 had prepared the question papers/Test Booklet from 8 subjects on his own without maintaining parity as provided under Rules in the manner given below;

Sl. No. Subject Marks 1 Pharmaceutical Chemistry and Medicinal Chemistry 13 2 Pharmacology 48 3 Pharmaceutics 25 4 Pharmacognosy & Phytochemistry 26 5 Pharmaceutical Analysis 25 6 Pharmaceutical Biochemistry & Pharmaceutical Microbiology 22 7 Human Anatomy & Physiology 24 8 Hospital Pharmacy, Clinical Pharmacy and Forensic Pharmacy 17 Total= 200 Based on aforesaid defective Test Booklet, the examination was conducted.”

2.3. The grievance of the petitioner is that each subject should have comprised of twenty-five marks, but the questions in the Test Booklet supplied to the petitioner was in contravention of the manner prescribed in the Rule. Therefore, with the following prayers the petitioner has filed this writ petition:

“In view of the facts and circumstances stated above, it is prayed, therefore that this Hon’ble Court may graciously be pleased to;

Admit and allow the petition and;

Page 5 of 48 Quash the written examination held on 19.03.2023 for the post of Drugs Inspector pursuant Advertisement No.8 of the year 2022-23 at Annexure-4 and;

Further be pleased to direct the Opp. Party No.2 to conduct written examination for the post of Drugs Inspector pursuant to Advertisement No.8 of the year 2022-23 afresh by preparing questions/Test Booklets in terms of Sub-Rule-4(b) and (c) of Rule-6 of Odisha Drugs Control Service [Drugs