S.K. Mishra, J.

This Writ Petition has been preferred by the Petitioners assailing the order in Memo No.4581 (3)/L.A Bhubaneswar dated 21.07.2023 issued by the Selection Board of the Odisha Legislative Assembly Secretariat, vide which the entire selection process for recruitment to the posts of Reporters, pursuant to advertisement dated 26.01.2021, was cancelled resulting in denial of appointment to the Petitioners despite their selection.

2. The brief facts leading to the filing of the Writ Petition are that on 26.01.2021 an advertisement was issued by the Secretary, Odisha Legislative Assembly Secretariat, Bhubaneswar for recruitment to seven posts of Reporters. The Petitioner No.1 applied under UR category, whereas Petitioner No.2 applied under SC category. As per Notice No.3859/LA dt. 16.04.2021 of the Secretariat of Odisha Legislative Assembly, both the Petitioners, being duly selected in the Type Test held on 07.03.2021, were invited for the Short-hand Skill Test (English & Odia) and Viva Voce (Certificate verification) for the said posts, which was scheduled to be held on 19.04.2021 and 22.04.2021. As per selection Notice No.4641/LA dated 29.06.2021, the names of the Petitioner No.1 and 2 found place at Serial Nos. 1 and 2 respectively.

2.1. Subsequently, the meeting of the Selection Board, scheduled on 04.10.2021 for approval of appointments, was postponed without any disclosed reason contrary to the Rules of the Orissa legislative Assembly Secretariat (recruitment and Conditions of Service) Rules 1983, shortly, „the Rules, 1983‟. Being aggrieved, the Petitioners earlier approached this Court in W.P.(C) No.31988 of 2021 seeking a direction for issuance of appointment orders. This Court, vide judgment dated 19.05.2023, directed the Selection Board to take a final decision regarding the appointment of the Petitioners in terms of the select list dated 29.06.2021 within eight weeks.

2.2. However, the Opposite Party No. 1 challenged the judgment dated 19.05.2023 passed in W.P.(C) No. 31988 of 2021 by filing W.A. No. 1458 of 2023. During the pendency of the said Appeal, the Selection Board passed an order dated 21.07.2023 cancelling the entire selection process and denying appointment to the Petitioners, which the Petitioners came to know upon publication of the said order on the Notice Board and website of the Odisha Legislative Assembly Secretariat. Hence, this Writ Petition.

3. This Writ Petition has been filed basically on the grounds that, the action of the Selection Board in passing the order dated 21.07.2023 cancelling the selection process, despite the Petitioners being in the final select list dated 29.06.2021, is illegal, arbitrary and liable to be set aside, as a right had accrued in their favour in view of their selection in the select list dated 29.06.2021 so also the law settled in Dinesh Kumar Kashyap & others Vs. South East Central Railway, reported in (2019) 12 SCC 798.

3.1. It is the case of the Petitioners that, the plea of absence of verification of original documents for cancellation is arbitrary, illegal and contrary to the completed selection process and earlier pleadings. Further, the impugned order of cancellation reflects non-application of mind and is vitiated by malice in law, particularly in view of the earlier judgment passed by the coordinate Bench holding the selection process to be fair. It is also the case of the Petitioners that the Selection Board has overstepped its powers under Rule 7(2) and its proviso of the Rules, 1983.

4. The Opposite Party No.1, in its Counter Affidavit has stated that pursuant to the advertisement dated 26.01.2021 for recruitment to the posts of Reporters, though the Petitioners participated in the selection process and cleared all the tests and the Examination Committee recommended the names of the Petitioners to the Selection Board on 23.08.2021, but the Selection Board could not be convened, leading to filing of W.P.(C) No.31988 of 2