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3. For better appreciation of the factual backdrop of the present writ applications, W.P.(C) No.596 of 2024 is being taken up as the lead case and the facts involved in the said writ petition shall be discussed hereunder.

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4. The factual background leading to the filing of the present writ petition, in short, is that the Odisha Engineering Service (Method of Recruitment and Condition of Service) Rules, 2012 came into force w.e.f. 28.01.2021. Thereafter, by virtue of the amendment of the year 2021, the earlier provisions relating to the conducting of the recruitment test, like awarding career marks, written test and viva voce test, have been substituted by the criteria of highest GATE Score obtained by the candidates in the last three years preceding the date of advertisement. Pursuant to the aforesaid amendment of the year 2021, the Odisha Public Service Commission (in short 'OPSC') published an advertisement dated 18.03.2023 bearing Advertisement No.20 of 2022/2023 under Annexure-5 to the writ petition. Under the aforesaid advertisement, the OPSC has invited application from the eligible candidates for appointment to the post of Assistant Executive Engineer (Civil) and Assistant Executive Engineer (Mechanical). However, Clause-5 of the advertisement, which prescribes the method of selection, provides that such selection shall be made on the basis of the highest of the valid GATE score obtained by the candidates in the three years preceding the date of advertisement (including the year of advertisement). Some of the candidates being aggrieved by the method of selection introduced for the first time, i.e., based on the highest valid GATE score in the preceding three years, // 4 // approached this Court by filing W.P.(C) No.15738 of 2022 and batch of similar other writ applications. In the aforesaid batch of writ petitions, the Petitioners have challenged the vires of the amending rules of the year 2021 as well as the consequential advertisement dated 18.03.2023. A Division Bench of this Court in Pradyumna Kumar Patra and Others v. State of Odisha and Others along with a batch of other similar writ applications, disposed of such writ petitions vide a common judgment dated 01.05.2023. In its common judgment dated 01.05.2023, the Hon'ble Division Bench of this Court, after a threadbare analysis of the issue in the said applications and after referring to the objections/reservation of the OPSC, in para-26 of the judgment, has come to a specific conclusion that the advise/opinion of the OPSC has not been placed correctly before the cabinet. In fact, a wrong statement has been made before the cabinet to the effect that the OPSC has given its concurrence to the proposed amendments, i.e. Rule-4 of the Amendment Rules purporting to amend the Rules-3 and 4 of the existing OES Rules, 2012. The Hon'ble Division Bench has therefore opined that the advertisement in question is liable to the struck down. Consequently, the impugned advertisement, having prescribed the highest valid GATE score as a criteria for selection, was quashed.

Finally, in para-28, Rule-4(i) and Rule(i) of the Orissa Engineering Service (Recruitment of Conditions of Service) Amendment Rules, 2021, amending Rule 7(2) and // 6 // 7(3) of the OES Rules, 2012 were struck down and consequentially the Advertisement No.20 of 2022-23 dated 18.03.2023 published by the OPSC was also quashed.

6. After the common judgment dated 01.05.2023 was delivered by the Hon'ble Division Bench of this Court, the same was never challenged by the State-Opposite Parties. However, the Government of Odisha in the Water Resources Department, vide Notification dated 26.09.2023, in exercise of the power conferred by the proviso to Article 309 of the Constitution of India, with the concurrence of the Governor of Odisha, notified another Amendment Rule, namely, Odisha Engineering Service (Methods of Recruitment and Conditions of Service) Rules, 2023 under Annexure-7 to the writ petition. The said amended rules of the year 2023 was stipulated to come into force on the date of their publication in Gazette of Odisha. By virtue of the amendment of the year 2023, vide Notification dated 29.09.2023 which was notified in the Gazette of Odisha on 30.09.2023, Rule-7(3) and Rule 7(4) were again amended with the concurrence of the OPSC thereby again introducing the criteria of valid GATE Score as the basis for selection of candidates to the post of Assistant Executive Engineer (Civil) and Assistant Executive Engineer (Mechanical). On comparison of both the amendment rules of the year 2021 as well as of the year 2023, it is observed // 7 // that the amended rule of the year 2023 is repetition of the amendment rule of the year 2021 with only a slight modification. The amendment rule of the year 2023 also provides that the Commission shall take steps to select candidates on the basis of the valid GATE score and interview. The said advertisement of the year 2023, under Clause-3(a) and (b), provides that the merit list shall be prepared on the basis of the aggregate marks secured, with the valid GATE score carrying 90% weightage and the interview carrying 10% weightage.

7. Immediately after the Gazette Notification dated 26.09.2023 under Annexure-7, the OPSC published a fresh advertisement bearing Advertisement No.19 of 2023-24 for recruitment to the post of Assistant Executive Engineer (Civil) and Assistant Executive Engineer (Mechanical) in Group-A of Odisha Engineering Service, particularly under the Water Resources Department thereby inviting applications for filling up of a total vacancy of 580 posts. Pursuant to the aforesaid advertisement dated 28.12.2023 under Annexure-8, online applications were invited from the original candidates starting from 12.01.2024. Being aggrieved by the advertisement dated 28.12.2023 under Annexure-8 and due to non-acceptance of Petitioners' candidature by the OPSC, the Petitioners have approached this Court by filing the present writ petition.

13. Learned Senior Counsel appearing on behalf of the OPSC while supporting the contentions raised by the learned Additional Standing Counsel submitted that the amending Rules, 2023 has the concurrence of the OPSC. However, he did not dispute the fact that so far the amendment of the year 2021 is concerned, the OPSC had certain reservations/objections to such amendment.

14. When a specific question was put by this Court as to what persuaded the OPSC to change its views, learned Senior Counsel appearing for the OPSC submitted that after due deliberation and consideration of certain facts, the OPSC has given its concurrence and such facts would be placed by way of an affidavit before this Court subsequently along with the relevant records, if so desired by this Court, in course of final hearing of the writ petitions.