High Court dismissed a writ petition challenging the Tribunal's rejection of the petitioner's application for a Process Assistant post in Plate-Making due to lack of specific training, finding the trades distinct and no ground for interference.
Writ petition stands dismissed; no interference with the impugned order of the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIG1H COURT OF ORISSA: CUTTACK.
O.J.C. No.4012 of 2001
In the matter of application under Articles 226 and 227 of the Constitution of India.
Bijaya Kumar Pradhan …… Petitioner
Orissa Administrative Tribunal and others …… Opposite Parties
For Petitioner : M/s P.K.Mohanty-2 and P.K.Khuntia
For Opp.Parties : Mr. M.S.Sahoo,Additional Government Advocate (for the State)
PRESENT:
THE HONOURABLE KUMARI JUSTICE SANJU PANDA &
THE HONOURABLE SHRI JUSTICE SUJIT NARAYAN PRASAD
Date of hearing and judgment : 7.7.2017
S. N. Prasad, J. This writ petition under Articles 226 and 227 of the Constitution of India wherein the order dated 7.11.2000 in O.A.No.2565(C) of 1995 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack is under challenge whereby and whereunder the Tribunal has dismissed the original application for engagement of the applicant/petitioner as Process Assistant on the ground that he is not possessing required training qualification.
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National Trade Certificate and 25% will be filled up by promotion of Class-IV employees and skilled industrial employees, who have acquired the necessary skill through their work experience during their service career in the undertaking. According to the applicant, vacancy on roster point-12 during 1995 was meant for Scheduled Tribe candidate but the authority without following the norms of the rules, arbitrarily and whimsically appointed a junior on that post. Applicant’s contention is that, according to section 9(3) of the Orissa Reservation of Vacancies in Posts and Services ( for Scheduled Caste and Scheduled Tribes) Act,1975, (for short “the ORV Act,1975) as amended, there is no provision for exchange or de-reservation of reserve category posts, if sufficient number of candidates of these categories are not available or there are no candidates available at all from these categories. In such a contingency a fresh recruitment has to be made only from among the candidates belonging to the Scheduled Caste and Scheduled Tribes for filling up the vacancies or remaining vacancies. The applicant claims to be the senior most candidate with trade certificate and has been representing before the authority for consideration of his case but however, to no effect.
It is further case of the authority that appointment of Judhisthir Nayak has been allowed to continue subject to final result of the original application and no appointment to the trade has been made after the Tribunal’s order.
It has further been submitted that in the year 1993 six posts of Process Assistants were created of which five posts were for Plate-making and one for Engraving. Two more consequential vacancies arose, one for Plate-making and the other for Engraving. Thus there were six posts for Plate-making and two for Engraving. One of the posts falling on roster point-9(unreserved) was offered to a senior candidate belonging to the year 1991 who was appointed on the same post. The post falling on roster point-12 reserved for Scheduled Tribunal was meant for
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Plate-making Trade against which Judhisthir Nayak was appointed. The remaining post for Engraving Trade falls on roster point-11 which is reserved for Scheduled Caste candidate but the applicant who is a Scheduled Tribe candidate could not be appointed against that post by way of exchange because exchange of posts between Scheduled Caste and Scheduled Tribune in case of non-availability or insufficient availability of candidates belonging to these communities is not permissible under Section 6 of the ORV Act. The post of Plate-making Trade and Engraving Trade are two separate posts and cannot be exchanged.
It has further been stated that these two posts are to be filled up basis upon different eligibility conditions.
The Tribunal, after hearing the learned counsel for the parties, has passed order whereby and whereunder the claim of the petitioner has been rejected on the ground that the petitioner is not possessing training certificate of Plate-making Trade.
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was unreserved under roster point-9 and the other was reserved for Scheduled Caste candidate being roster point-11, against the unreserved post, a senior-most trade certificate holder of 1991 batch was appointed and against the post under reserved Scheduled Caste, though no one seems to have been appointed, it could not be offered to the applicant on account of ban on exchange of vacancy between the Scheduled Caste and Scheduled Tribe under the provision of Rule 6 of the ORV Act.
The petitioner claims that he ought to have been engaged on roster point-12 but the petitioner while negating the said argument on the ground that the post is falling at roster point-12 is reserved for Scheduled Tribe candidate and the same is for the Process Plate-making Trade in which the applicant has no training certificate. Tribunal has taken note of the fact that the Process Plate-making Trade and Process Engraving Trade are two distinct and separate trades and cannot be exchanged and offered to candidate having National Trade Certificate.
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criteria to hold the post of Process Plate-making Trade and as such we find no reason to interfere with the order impugned.
Accordingly, there is no error apparent in the order passed by
the Tribunal.
…..… …………… ….…………….…. S.N. Prasad, J. Sanju Panda, J.
Orissa High Court, Cuttack, Dated the 7th July,2017/Palai
3 issues framed by the court
Whether the High Court should interfere with the Tribunal's order dismissing the petitioner's application on the ground that he lacked the required trade certificate for Post Plate-Making.
Whether the posts of Process Plate-Making and Process Engraving are distinct trades that cannot be exchanged under the ORV Act.
Whether the petitioner's National Trade Certificate in Engraving qualifies him for the reserved vacancy in Plate-Making.
4 provisions across 3 enactments
Bijaya Kumar Pradhan
Orissa Administrative Tribunal
State of Orissa
S.N. Prasad
Sanju Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
