Swarup Prakash Shee Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos.8077, 5895, 5900, 5936, 6023, 6089, 6172, 6186, 6188, 6395, 6639, 6670, 6778, 7075, 7539, 7892, 8074, 8847, 10486, 10502, 10631, 10646, 10805, 10976, 10979, 11058, 11073, 11288, 13621, 14116, 14133, 14138, 14141, 14256, 14384, 14875, 14958, 15909, 15972, 15975, 17120, 18030, 21917 & 23112 of 2025

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Kalandi Naik & Ors. …. Petitioners Mr. R.N. Panda, Advocate

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-versus-

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Chairman Odisha Subordinate Staff …. Opp. Parties Selection Commission & Anr.

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Mr. Pitambar Acharya, learned Advocate General along with Mr. C.K. Pradhan, AGA

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

03.09.2025

Order No.

10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel appearing for the Parties.

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3 . All these Writ Petitions have been filed inter alia challenging similar nature of show causes issued by the

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authorities of Odisha Subordinate Staff Selection Commission (in short ‘Commission’) on 19.02.2025.

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4 . It is the case of the Petitioners in the present batch of Writ Petitions that pursuant to the advertisement issued by the Commission on 20.10.2023 for combined recruitment to the post of Live Stock Inspector, Forester and Forest Guard, they participated in the selection process and came out successful in the written examination. However, on the ground that the Petitioners have adopted unfair means in the written examination, show-causes were issued to all of them on 19.02.2025 inter alia with the following allegation:-

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“A number of allegations have been received regarding adoption of unfair means during the Combined Recruitment Examination - 2023 (II) hold between 24 April to 07th May, 2024 in CBRE mode by some undeserving candidates having very poor academic records and poor performance in the previous recruitment examination conducted by the Commission. Your answer sheet has been examined. Analysis reveals that you have secured unexpectedly very high score in the Written Test under CRE-2023 (11) which appears to be incongruent with your academic records.

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You are, therefore, called upon to show cause in writing to the Commission explaining as to why action as deemed proper under Rule-18 of Odisha Sub-ordinate Staff Selection Commission (District Cadre) Rules, 2012 shall not be taken against you for adopting unfair means by violating the instructions contained in the Admission Letter for the Written Test in the Combined Recruitment Examination-2023 (II) for the posts of Livestock Inspector, Forester and Forest Guard.

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Your show cause reply to this notice should reach this Commission by email/Regd. post latest by 15.03.2025. In case you fail to submit your reply in writing within the specified date as mentioned above, it will be construed

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that you have nothing to explain in your defence and decision as deemed fit will be taken against you by the Commission”.

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4.1 . Learned counsels appearing for the Petitioners contended that after issuance of such show cause notice on 19.02.2025, Petitioners herein were not allowed to take further test i.e. the Physical test in terms of the advertisement, while other selected candidates were allowed to undergo the said test in the meantime.

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4.2 . It is however contended that because of the interim order passed by this Court, required numbers of posts have not been filled up as yet with publication of the final merit list by the Commission.

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4.3 . It is further contended that Petitioners be permitted to take the subsequent Physical test and other tests as prescribed in the advertisement and they be recommended and appointed as against the post to be opted by them in terms of Para-13 of the advertisement and notice issued by the Commission on 20.08.2025. Para-13 of the advertisement reads as follows:-

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“ 13.Select List:

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District / Circle / Division wise provisional select list shall be drawn category wise as per vacancies requisitioned for each post. Allotment will be made on the basis of merit and choice of post and cadre as exercised by the candidates during counseling”.

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4.4 . It is also contended that Petitioners are ready and willing to file their respective replies to the show cause

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issued on 19.02.2025 and for its consideration in accordance with law.

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5. Learned Advocate General on the other hand contended that since after publication of the written examination, various allegations were made with regard to adoption of mal practice, a Committee was constituted to enquire into the allegations and basing on the report submitted by the Committee in its report dtd.14.02.2025, all the Petitioners were issued with the show causes along with some other candidates in total numbering 337, in terms of the provision contained under Rule-18 of the Odisha Subordinate Staff Selection Commission (District Cadre) Rules, 2012. Because of the show causes so issued, Petitioners were not allowed to participate further in the recruitment process.

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5.1 . It is further contended that save and except these Petitioners including the candidates who have been issued with the show causes numbering 337, all other selectees have undertaken the further test in terms of the advertisement. However, the final merit list has not been published by the Commission as yet.

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5.2 . It is however fairly contended by the learned Advocate General that Government is ready and willing to keep 337 posts vacant proportionately to the number of posts advertised as against the post of Live Stock Inspector, Forester and Forest Guard for all those 337

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candidates, who have been issued with the show causes on 19.02.2025, which include the Petitioners in the present batch of Writ Petitions, till a final decision is taken on the issue involved in the show-cause issued by the Commission. However, it is contended that the commission and the State Authorities be permitted to publish the final merit list and fill-up the balance available posts from eligible candidates, who have qualified in both the written and physical test with issuance of the orders of appointment in their favour.

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6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the present batch of Writ Petitions directs the Petitioners to file fresh individual replies to the show cause dtd.19.02.2025 by taking all the grounds available to them on or before 17.09.2025. On their filing of the replies to the show causes by the aforesaid date, the Commission shall take a lawful decision on the same on or before 10.10.2025. However, in the meantime the Commission is directed to allow the Petitioners and all those candidates who have been issued with the show cause to take further tests as prescribed in the advertisement and allow them to exercise the option in terms of the notice issued on 20.08.2025. However, publication of the final result in respect of the present Petitioners and the candidates having been issued with the show-cause will be subject to final outcome of the

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decision to be taken by the Commission with regard to the issue involved.

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6.1 . This Court considering the submission of the learned Advocate General direct that 337 posts proportionately from out of the total advertised posts shall not be filled up, till a final decision is taken on the issue involved in the show-cause with due communication to the Petitioners. Petitioners will be at liberty to approach this Court afresh if they will be aggrieved by the decision of the Commission. The Commission however is permitted to proceed with the selection process and publish the final merit list in respect of other eligible candidates, who have come out successful in the recruitment process. The StateOpposite Party is also permitted to fill-up the balance advertised posts by keeping 337 posts reserved proportionately to the total advertised posts.

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7. All these Writ Petitions stand disposed of with the aforesaid observations and directions.

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8 . Photocopy of the order be placed in the connected cases.

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(Biraja Prasanna Satapathy) Judge

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Subrat

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Signature Not VerifiedSubrat

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Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 06-Sep-2025 11:50:41