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ORISSA HIGH COURT: CUTTACK
W.P.(C) No.12065 of 2023
In the matter of an Application under
Articles 226 and 227 of the Constitution of India, 1950
***
Sri Satyabrata Samantasinghar
Aged 27 years
Son of Sri Niranjan Samantasinghar
At/P.O.: Naharakanta, Bhubaneswar
District: Khordha.
…
Petitioner.
-VERSUS-
1.
State of Odisha
Represented through
Commissioner-cum-Secretary to Government
Health and Family Welfare Department, Odisha
Bhubaneswar, District: Khordha.
2.
Odisha Public Service Commission
Represented through Secretary, Odisha
At: Cantonment Road,
Cuttack.
…
Opposite parties.
Counsel appeared for the parties:
For the Petitioner
: M/s. Prasanta Kumar Mishra,
Kamal Lochan Kar and
Sidhant Mishra, Advocates
For the Opposite party
: Ms. Saswata Patnaik
No.1
Additional Government Advocate
For the Opposite party
: M/s. Bibhu Prasad Tripathy,
Page 2 of 48
No.2
Ramdas Achary &
Narayan Barik, Advocates
For the interveners
: M/s. Bigyan Kumar Sharma,
Sudeepta Kumar Singh,
Ms. Itishree Tripathy, Advocates
P R E S E N T:
HONOURABLE
MR. JUSTICE MURAHARI SRI RAMAN
Dates of Hearing : 03.07.2024 :: Date of Judgment : 10.07.2024
JUDGEMENT
M URAHARI S RI R AMAN , J. — T HE CHALLENGE :
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-
10.03.2023, could ascertain that the questions set in the Test Booklets (Annexure-6), are in deviation of subject-
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:
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:
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