Orissa High Court
WA/553/2020 on 16 December, 2020
Author: S.Panda
Bench: S.Panda
W.A. No. 553 of 2020
W.A. Nos. 553 & 555 of 2020
07. 16.12.2020 This matter is taken up through video
conferencing.
Heard A.Mishra, learned counsel for the
appellant, learned Addl. Government Advocate and
Mr.P.Mohanty, learned Senior Counsel appearing for
O.P.S.C.
Since common questions of law involved in both
the writ appeals, they are heard together and disposed of by
this common order.
Appellants in both the writ appeals assail the
order dated 31.8.2020 and the order dated 2.9.2020 passed
by the learned Single Judge in W.P.(C) Nos. 19457 of 2020
and W.P.(C) No. 17330 of 2020.
Learned counsel for the appellants submits that
the learned Single Judge did not consider the fact that for
nine vacant posts of Asst. Professor in the discipline of
Pediatric, OPSC recommended names of nine candidates out
ks
of which two names were recommended illegally since they
were working in the same post under the Government of
Odisha. He further submitted that the O.P.S.C. did not
prepare any waiting list, for which after the rejection of the
candidature of selected candidates at the end of selection
process, though posts were kept vacant, the appellants being
the next eligible candidates debarred to get appointment
even though they are eligible. The learned Single Judge
without considering the same passed the impugned orders,
hence the same need to be interfered with.
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From the impugned orders it reveals that the
appellants have filed the aforesaid writ petitions with a
prayer to direct the respondent No.1 to issue letter of
appointment in their favour for the post of Assistant
Professor (Pediatrics) in pursuance of the advertisement
issued under Annexure-1. The learned Single Judge after
hearing learned counsel for the parties observed that after
following due procedure nine names were recommended by
the Orissa Public Service Commission to the Government for
appointment and out of nine, the names of two candidates
were rejected by the Government, as they were continuing in
the Government medical colleges. So far as other seven
candidates are concerned, the State Government issued
necessary appointment order in their favour and two posts
are still lying vacant. The learned Single Judge also observed
that in the merit list prepared by the Orissa Public Service
Commission, the appellants name were not found place as
such neither the appellants were selected nor their names
find place in the select list. Accordingly dismissed the writ
petitions.
Mr.P.Mohanty, learned Senior Counsel
appearing for the O.P.S.C. filed a memo along with the merit
list pursuant to the order of this Court and submits that
O.P.S.C. have prepared a merit list according to the
requisition made by the State Government for the post of
Assistant Professor pursuant to the advertisement No. 12 of
2018/19.
Pursuant to the advertisement No. 12 of
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2018/19 for the posts of Assistant Professors in Super
Speciality and Speciality in different disciplines of SCB
Medical College, Cuttack and MKCG Medical College,
Berhampur a merit select list was prepared and the selected
candidates have already joined on 6.11.2018. Neither the
appellants were selected nor their names find place in the
select list. As per the requisition made by the Government,
the O.P.S.C. has made advertisement for the post of
Assistant Professor.
In view of the above, since the learned Single
Judge considering all the materials on record and the fact
that the O.P.S.C. has prepared a select list as per the Rules,
we are not inclined to interfere with the impugned orders.
Accordingly both the writ appeals are dismissed.
Due to COVID-19, the appellants may utilize the
soft copy of this order available in the High Court's website
or print out thereof at par with the certified copies in the
manner prescribed vide Court's Notice No.4587 dated
25.03.2020.
..................
S.Panda,J.
....................... S.K.Panigrahi, J 4