Single Judge permitted. Petitioner sought to quash an advertisement for contracted laboratory technicians claiming violation of reservation laws. Court held reservation acts exclude appointments filled via contract. Writ dismissed.
Slipped rule.
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W.P.C. NO.13648 of 2010
5 19.07.2019
None appears for the petitioner at the time of call. Heard Mr. N. Barik on behalf of Mr. B.P. Tripathy, learned counsel for opposite party no.2 and Mr. S. Mishra, learned Additional Government Advocate.
Perused the record. The petitioner has filed this writ petition to quash the advertisement in Annexure-1 issued by Mission directorate, NRHM, Odisha for filling up of Laboratory Technician for contractual appointment with consolidated remuneration Rs.5200/-.
On perusal of the writ petition, it appears that the petitioner claims that he belongs to S.E.B.C. category of the State and the Government of Orissa Tribal Welfare Department in office memorandum dated 29.01.1994 have provided reservation to S.E.B.C. classes of the State in the civil post and other service of the State and accordingly 27% reservation has been provided in all post but opposite party no.2 while notifying the advertisement vide Annexure-1 nowhere specified the number of vacancies reserved for SC, ST and S.E.B.C. candidates and other reserved category against the total number of vacancy. Therefore, the said advertisement in Annexure-1 should be quashed.
Mr. N. Barik, learned counsel for opposite parties no.2 and 3 contended that the reservation as claimed by the petitioner in the writ petition is not applicable to the contractual employees. Therefore, there is no illegality or irregularity committed in issuing the advertisement
vide Annexure-1.
Considering the averments made in the writ petition as well the contentions raised by learned counsel for opposite parties no.2 and 3, on verification it is found that Section-3 of Orissa Reservation of Vacancies in Posts (for Scheduled Castes & Scheduled Tribes) Act, 1975 states that this Act shall apply to all appointment to the posts and services under the State except those filled up on the basis of any contract. Similarly, Section-3 of Orissa Reservation of Vacancies in Posts (For Economically Backward and PovertyStricken) Act, 1985 states that this Act shall apply to all appointment to the Posts and Services under the State except (e) those filled up on the basis of any contract.
In view of statutory provisions contained in the Act itself, the Act shall apply to all appointment to the posts and services under the State except those filled up on the basis of any contract. Admittedly, the advertisement in Annexure-1 has been issued for filling up of the post of Laboratory Technician on contractual basis. Therefore, the claim made by the petitioner cannot sustain in the eye of law.
Accordingly, the writ petition stands dismissed.
…..………………………… Dr. B.R. Sarangi, J.
Alok
1 issue framed by the court
Whether the reservation provisions under the Orissa Reservation of Vacancies Acts, 1975 and 1985 apply to contractual appointments.
2 provisions across 2 enactments
B.P. Tripathy
Mission directorate, NRHM, Odisha
Opposite party no.2
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
