Meerashree Suman v. State of Odisha
Case brief
What is this about?
A bench of two judges struck down Rule 4 of the 2021 Amendment Rules which replaced traditional selection methods with GATE scores for Assistant Executive Engineers. The court held that the State failed to properly consult the Public Service Commission, misleading the Cabinet about its adverse opinion, thereby violating Article 320(3) and Article 14.
What did the court decide?
Rule 4 of the Amendment Rules 2021 amending Rule 7 of the 2012 Rules is struck down, and Advertisement No. 20 of 2022-23 dated 18.03.2023 is quashed.
What the court decided
AFR
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15738 of 2022
An application under Articles 226 and 227 of the Constitution of India
--------------
Pradyumna Kumar Patra & Others ..…. Petitioners
-versus-
State of Odisha and Others …… Opposite Parties
For Petitioners : Mr. Ashok Mohanty, Senior
Advocate and Ms. Sujata Jena,
Advocate
For Opposite Parties : Mr. I. Mohanty,
Addl. Standing Counsel
(for Opp. Parties Nos. 1 and 2)
Mr. Bikash Jena, Advocate
(for Opp.Party No.3)
Mr. P.K. Mohanty, Senior
Advocate and Pranay Mohanty
Advocate ( for Opp. Party No.4)
….
W.P.(C) No. 10936 of 2023
Khitish Kumar Nayak & Others ..…. Petitioners
Digitally signed SUKANTA by SUKANTA KUMAR KUMAR BEHERA Date: BEHERA 2023.05.01 18:54:05 +05'30'
-versus- State of Odisha and Others …… Opposite Parties For Petitioners : Mr. B. Routray, Senior Advocate and Mr. S. Sekhar, Adv. For Opposite Parties : Mr. I. Mohanty,
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Issues for consideration
3 issues framed by the court
Whether the substitution of career marking, written test, and viva voce with GATE scores for selecting Assistant Executive Engineers violates Article 14 of the Constitution of India?
Whether the State Government complied with the mandatory requirement under Article 320(3) of the Constitution to consult the Public Service Commission before amending recruitment rules?
Whether the impugned Advertisement No. 20 of 2022-23 is liable to be quashed due to the illegal amendment of recruitment rules?
Parties & counsel
- petitioner
Pradyumna Kumar Patra & Others
- respondent
State of Odisha
- respondent
Opposite Parties No.2 & Others
- petitioner
Khitish Kumar Nayak & Others
- respondent
State of Odisha
- petitioner
Case details
As recorded by the court registry
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