Kumar Debadutta Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned counsel appearing for the OPSC. Perused the Writ Petition as well as the documents annexed thereto.

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The Petitioner has filed the present writ application with the following prayer:

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“The petitioner, therefore, prays that Your Lordship's may graciously be pleased to admit the writ application, call for the records and after hearing the parties, allow the same and issue a writ in the nature of Certiorari/Mandamus or any other or further writ/writ(s), direction/directions directing the opp.party

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no.3 Chairman OPSC to re-evaluate the General Awareness Answer scripts of the petitioner and award marks in respect of question no.22,37,44,72 and 27 as the petitioner award correctly and further direct the OPSC to call him for skill test in computer thereafter recommends his name as successful candidate for recruitment to the post of Assistant Section Officer pursuant to advertisement no.26 of 2021 -22 against the unfulfilled vacancy or prepared a fresh merit list quashing notice no.9552 dated 30.12.2023 at Annexure - 1 for the interest of justice.

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And pass any other order(s), direction(s) as this Hon’ble Court may deems fit and proper in the facts and circumstances of the case.”

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Learned counsel for the Petitioner submitted that pursuant to an advertisement dated 31.12.2021 under Annexure-1 to the Writ Petition, two Petitioners submitted their candidatures along with other eligible candidates. The last date for submission of on line application was 25.02.2022. Thereafter, the Written Examination was held after the same was postponed and the Written Examination conducted by the OPSC through offline mode on 27.08.2022. The Petitioner participated in such written examination. On 07.11.2022 the result of such written examination was published by the OPSC and a provisional merit list was prepared on the basis of the mark secured by the candidates in such written examination. Learned counsel for the Petitioner further contended that it was only on 09.01.2024 the OPSC published the answer key in its official website after downloading the said answer key the Petitioner verified the same and consulted various subject experts and ultimately it was found that some of the key answers are wrong. He further contended

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that although the Petitioners have given the correct answers, however on the basis of answer key they have not awarded the marks.

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Learned counsel for the Petitioner further contended that the Petitioner thereafter approached in person the OPSC and tried to ventilate his grievance, however they have not been given opportunity. Being aggrieved by the conduct of the OPSC, the Petitioner has approached this Court by filing the present Writ Petition.

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Mr.Arnab Behera, learned counsel for the OPSC on the other hand contended that the examination was conducted as per the Rules and the terms of the advertisement. He further contended that the questions were set by subject experts by the OPSC. It was also contended that after a detailed discussion with the experts and after preparing a list of the candidates who have been evaluated on the basis of such key answers. Therefore, the Opposite Parties have not committed any illegalities in the matter. He further submitted in the event the Petitioners have any grievance the Petitioners shall approach the OPSC taking therein all the grounds along with the documents in support of his contentions and such grievance shall be considered by the OPSC within a stipulated period of time in accordance with law.

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Considering such submissions of the learned counsels for the respective parties, on careful examination of the materials on record as well as keeping in view the limited nature of grievance, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioners to approach the OPSC-Opposite Party No.2 within a period of 10 days by filing a detailed representation taking therein all the grounds along with the

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documents in support of their contentions In such eventuality, the Opposite Party No.2 shall consider the same in accordance with law and the Rules, Further, OPSC shall do the needful in the matter as per law under intimation to the Petitioners. Before parting, this Court further observes that in the event the Opposite Party No.2 convinced with the grievance of the Petitioners, another notice be published inviting objection from the candidates and such objection be placed before the Expert committee for evaluation which would not cause any prejudice to any of the candidates for not being selected and have not approached this Court in the meantime.

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