Jayprasad Baidyabhushan Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State. Perused the Writ Petition as well as the documents annexed thereto.

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The present Writ Petition has been filed by the Petitioner with the following relief:

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“ It is, therefore, prayed that this Hon’ble Court may be graciously pleased to admit the Writ Petition, issue notice to the Opp.Parties and after hearing the parties be pleased to allow the Writ Petition by directing the Opposite Party No.2 to sponsor the name of the Petitioner to the Opp.Party No.3 for appointment in the vacant post of either Junior assistant or Panchayat

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Page 1 of 4.

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Executive Officer.

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And by passing such order or further orders as may deem fit and proper in the facts and circumstances of the case.

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It is stated by the learned counsel for the Petitioner that The Odisha Sub-Ordinate Staff Selection Commission published an advertisement on 24.02.2023 inviting online applications for Combined Recruitment Examination-2023 for the district cadre posts of Junior Assistant and Panchayat Executive Officer. Later on, an Addendum was published by the Commission on 15.03.2023. Pursuant to the said advertisement, the Petitioner submitted his application to participate in the recruitment process on 30.03.2023 for the post of Junior Assistant under the UR category with special category as Orthopedically Impaired. He further contended that initially the Petitioner was provisionally selected and he was called for document verification. Although the documents of the Petitioner have already been verified, however, no appointment letter has been issued to the Petitioner. Being aggrieved by such action of the Opposite Parties, the present Petitioner approached this Court by filing the present Writ Petition.

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Learned counsel for the Petitioner in course of his argument referring to the letter dated 12.12.2024 under Annexure-8 to the Writ Petition submitted before this Court that the Deputy Collector, Establishment, Collectorate, Mayurbhanj has written a letter to the Nodal Officer intimating that although the Petitioner has been provisionally selected and he was called for document verification under PWD reservation category for the post of JA & PEO, however, no communication has been

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Page 2 of 4.

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received from the side of OSSSC that the case of the Petitioner has been considered and he has not been issued with appointment letter. Further, learned counsel for the Petitioner submitted that due to the absence of the recommendation of OSSSC, the case of the Petitioner has not been considered and he has not been issued with appointment letter. Further, it is contended by the learned counsel for the Petitioner that the Petitioner is coming under 40% disability, therefore his case is to be considered under PWD reserved category. Since the case of the Petitioner has not been considered yet, learned counsel for the Petitioner alleged discrimination and further contended that a direction be issued to the Opposite Parties to issue appointment letter immediately to the Petitioner.

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Learned Additional Standing Counsel on the other hand objected to the prayer made in the Writ Petition. Further, it is contended by the learned Additional Standing Counsel that the OSSSC is the sole authority so far as the selection of candidates is concerned. Since the name of the Petitioner was not sponsored by the OSSSC, the State-Opposite Parties have rightly have not issued appointment letter to the Petitioner. In such view of the matter, learned Additional Standing Counsel contended that the Opposite Parties have not committed any illegality. As such, it was contended that the Writ Petition is devoid of merit and accordingly the same should be dismissed.

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Having heard learned counsels appearing for the respective parties, on careful examination of the submissions made by learned counsels for the respective parties and further on a careful scrutiny of the documents annexed to the Writ Petition, this Court disposes of the Writ Petition at the stage of

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Page 3 of 4.

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admission by directing the Petitioner to approach the Opposite Party No.2 along with certified copy of this order. In such eventuality, the Opposite Party No.2 shall verify the candidature of the Petitioner and in the event it is found that the Petitioner is selected, his name be sponsored to the Office of Opposite Party No.3 within four weeks from the date of communication of the order by the Petitioner. In the event the name of the Petitioner is sponsored and there is no other legal impediment, the Opposite Party No.3 shall do well to issue appointment letter within six weeks from the date of receipt of any intimation from the Opposite Party No.2. Any decision so taken by Opposite Party Nos. 2 & 3 at every stage be intimated to the Petitioner.

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