Supreme Court - Daily Orders
State Of Odisha vs Manas Ranjan Sahu on 17 January, 2025
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 577 OF 2025
(ARISING OUT OF SLP (CIVIL) NO. 13753 OF 2024)
STATE OF ODISHA APPELLANT(S)
VERSUS
MANAS RANJAN SAHU & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard Mr. Prakash Ranjan Nayak, learned counsel appearing for the State of Odisha.
3. The counsel submits that the matter pertains to the process of recruitment initiated by the Odisha Public Service Commission (OPSC) for 92 posts of Assistant Soil Conservation Officers. The advertisement issued on 06.05.2021 indicated how the marks are to be allotted for each segment of the syllabus. The respondents were unsuccessful in the written examination and they filed the Writ Petition pointing out certain deficiencies in the questions which were set out, in the written examination.
4. The learned Single Judge under the judgment dated 10.11.2022 (Annexure P/11) opined that the written examination conducted by the OPSC on 06.03.2022, had not been conducted in accordance with the prescribed syllabus enclosed with the advertisement. Moreover, the required 20 numbers of questions carrying 1 (one) mark each Signature Not Verified from each of the units from Unit-(I) to (X), have not been set up. Digitally signed by NITIN TALREJA Date: 2025.01.23 16:16:32 IST With such conclusion, it was held that the written test was not in Reason:
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accordance with the advertisement and accordingly, after setting aside the selection results of the examination notified on 06.03.2022, the Court ordered for fresh recruitment examination.
5. The State being aggrieved by the decision in the Writ Petition, filed a Writ Appeal but the Division Bench instead of considering the Writ Appeal on merit, dismissed it on the ground of delay of 205 days by placing reliance on State of Odisha v. Surama Manjari Das (W.P. (C) No. 15763 of 2021 dismissed on 16.07.2021 by the High Court).
6. On merit, the Government counsel submits that the questions for the recruitment test were framed by experts and the questions were also inter-related. Therefore, it is argued that interference by the learned Single Judge with the recruitment test, was not merited.
7. The office report dated 16.01.2025 indicates that although notice was duly served on the respondents, they have chosen to remain absent.
8. Having considered the above contention from the Government counsel, without any opposition from the other side, we feel that the Division Bench of the High Court ought to have considered the State’s Writ Appeal on merit instead of dismissing it on the ground of delay. Accordingly, the delay in filing the Writ Appeal stands condoned. The Writ Appeal No. 1456 of 2023 is restored. The High Court is requested to dispose of the Writ Appeal on merit, after affording opportunity to both sides. It is ordered accordingly. 2
9. With the above, the matter stands disposed of.
..........................J. (HRISHIKESH ROY) ..........................J. (S.V.N. BHATTI) NEW DELHI;
JANUARY 17, 2025.
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ITEM NO.52 COURT NO.4 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 13753/2024
[Arising out of impugned judgment and order dated 16-10-2023 in WA No. 1456/2023 passed by the High Court of Orissa at Cuttack] STATE OF ODISHA Petitioner(s) VERSUS MANAS RANJAN SAHU & ORS. Respondent(s) (IA No. 123200/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT Date : 17-01-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) :
Mr. Prakash Ranjan Nayak, AOR Mr. Debasis Jena, Adv.
Mr. Animesh Dubey, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The matter stands disposed of in terms of the signed order. Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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