The High Court
Case Details
+IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.389 of 2023 Sadashiba Malik & Others ..... Petitioners Mr. S.K. Das, Adv. State of Odisha & Others Opposite Parties Mr. M.R. Mohanty, Addl. Govt. Advocate -versus- ..... CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No.14 ORDER 18.09.2025 1. This matter is taken up through hybrid mode. 2.Heard Mr. S.K. Das, learned counsel appearing on behalf of the Petitioners and Mr. M.R. Mohanty, learned Addl. Govt. Advocate. 3. The Present Writ Petition has been filed inter alia with the following Prayer: it Under is the above circumstances, therefore humbly prayed that the Hon’ble Court may be graciously pleased to direct the Opposite Parties to keep the life of the select list of the result of the written examination published on 30.11.2022 under Annexure-12 alive till it is exhausted unlike that has been done in the case of UR and ST category candidates and allow the petitioners to undergo ASI training course as per the provisions of the Police Order, 2020 and promote them to the post of ASI of Page 1 of 9. Police within a stipulated period as deem fit and proper, any appropriate And/or pass writ/writs, and direction/directions in the fitness of the case. order/orders other And for this act of kindness as in duty bound the Petitioners shall ever pray.
Legal Reasoning
4. It is contended that basing on the order passed by this Court in Writ Appeal Nos.778,814 & 815 of 2021, similar merit list published in respect of UR and S.T candidates were directed to remain valid till its exhaustion as per past practice. Order passed in that regard by the Writ Appellate Court reads as follows: The order dated 09.09.2021 passed in W.P.(C ) No.5079 of 2021 is modified to the aforementioned extent and the respondent authorities are directed to redraw the select list on the basis of Rule 660 PMR within the period of two weeks from the date of receipt of certified copy of the order and detail further batches of the ASI training as per the redrawn Select List prepared as per PMR 660 with 30% pass marks and the select list shall remain valid till exhausted as per past practice. 4.1. It is contended that even though in respect of similarly situated candidates belonging to UR & S.T candidates, the merit list was kept valid till its exhaustion, in terms of the order passed in W.A. No.774 of 2021 and batch, but the merit list published in respect of S.C. candidates on 30.11.2022 under Annexure-12, when was treated to remain valid till 31.12.2022 only, the present Writ Petition was filed inter alia with the aforesaid prayer. It is also contended that this Court vide order dt.19.01.2023 while directing Page 2 of 9. the State Counsel to file a counter affidavit, passed an Interim order that merit list dt.30.11.2022 under Annexure-12 shall not be treated invalid till the next date. It is also contended that such an interim order is in force as on date. 5. In the counter affidavit, when a stand was taken that benefit of order in the Writ Appeal was extended in favour of U.R and S.T candidates as there were available vacancies as on 27.10.2020 in respect of those two categories, this Court passed the following order on 03.09.2025.
Decision
Order 03.09.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Date chart along with the order passed in Writ Appeal No.778 of 2021 and batch filed in Court be kept in record. 3. Considering the dispute involved, this Court directs learned Addl. Govt. Advocate to file an affidavit as to whether as on 27.10.2020 when willingness was invited from UR and ST Category Constable to undergo ASI course of training in SC for promotion, vacancies category was available or not and if so, what was the vacancy available at that point of time. Such an affidavit be filed before the next date. 4. As 18.09.2025. requested, list this matter on 6. Basing on the order passed on 03.09.2025, an affidavit was filed by one Madhu Sudan Behera being Page 3 of 9. authorised by Opp. Party Nos.1 & 2. In the said affidavit, the following stand has been taken in para 5. That the submissions of the Petitioners are and are liable to be dismissed for the following reasons: 1. Reasons for not conducting examinations for SC category candidates pursuant to Police Headquarter order dated 27.10.2020: 392 number of Eligible Constable candidates of the SC category qualified in the Written Test hold for the year 2013 as against 83 vacancies. The excess available candidates were exhausted fnalty in 2021-2022. Therefore, no vacancies were published pursuant to Police Headquarter order dated 27.10.2020. (i) Whereas 83 SC category vacancies were available for the year 2013. A special drive was conducted to fill up 199 back log vacancies meant for SC & ST category in the rank of ASI of Police as on 31.12.2013. Accordingly, a written test of eligible Constables as on 01.01.2013 of SCST category was held on as per Police Manual Rule (PMR)-660 and Police Circular Order (PCO) No.345/2013. A copy of PCO No. 345 of 2013 is annexed herewith and marked as Annexure A/l. ii. The Central Selection Board (CSB) held on 10.02.2014, selected 198 Constables out of 305 qualified Constables on the basis of service seniority. Due to non-availability of vacancy, the remaining 107 Constables who were not selected by the CSB to officiate as ASI of Police as well as the candidates who were not successful due to minus marking filed several OA cases. Page 4 of 9. iii. The Hon’ble OAT vide their final order dated 21.04.2016 passed in O.A No.1598(C)/2014 have quashed the PCO No.345/2013 since the same was not approved by the Govt. and directed to re-calculate the marks secured by the applicants without minus marking in the written examination. The Hon’ble OAT further directed that, after such recalculation, if they are found to have secured more marks than the last person of the selected candidates, they should have appropriately included in the list and to be considered for promotion and to be sent for training depending on the availability of training facilities in a prospective manner. Copy of the order dated 21.04.2016 passed in O.A No.1598(C)/2014 is annexed herewith and marked as Annexure-B/1. iv. After recalculation of marks secured all the Constables who had appeared in the written examination, 644 Constables were declared to have passed the said examination, which exceeds the vacancies of 2013. v. The aforesaid circumstances blocked the channel of promotion of Constables of the SC category till 2021-2022 to exhaust the select list. vi. Therefore, the allegation of the Petitioners pertaining to discrimination against the SC category is false. 11. It may be stated that on 06.07.2021, it had been decided to hold Written Examinations for 416 UR, 77 SC, and 243 ST vacancies in the rank of ASI of Police as on 31.12.2021. However, due to the interim order of stay passed by the Hon’ble High Court vide Order No. 04 dated 16.07.2021 in I.A No.9174/2021 arising in W.P. (C) No.863 of 2021, no Page 5 of 9. further steps were taken in this regard. State Police Headquarters vide letter No.27351/Board dated 29.07.2021 informed all concerned officers regarding the interim order and subsequently withdrawn the decision taken in letter dated 06.07.2021, regarding holding of written examination for the year 2021 vide State Police Hdqrs. Order dated 30.08 2022. A copy of the letter dated 06.07.2021 is annexed to the writ petition as Annexure-9. Copies of the order dated 16.07.2021 passed in 1.A No.9174/2021 arising in W.P. (C) No.863 of 2021 & State Police Hdqrs. Order dated 30.08.2022 are annexed herewith and marked as Annexure-C/1 & Annexure- D/1. III. The Government vide Home Department Notification No.33854/ D&A Dtd. 15.10.2020, published the Odisha Police Service (Method of Recruitment and Conditions of Service of Assistant Sub-Inspectors) Order 2020. The said order was published in the gazette on 27.07.2021. That Rule 5(3) reads asunder: "(3) Candidates appearing in the written examination shall have to secure at least 40% (forty percent) of marks in each subject and also 40% (forty percent) in aggregate to qualify in the written examination and the list of candidates who qualify the written examination shall be prepared category wise in order of their service seniority in the rank of Constable and the same shall remain valid for that calendar year only." (emphasis supplied) Page 6 of 9. IV. In terms of the above Police Order, 2020, on 06.09.2022, it was decided to hold a fresh Written Examination for promotion to the post of ASI in the SC category. A copy of the letter dated 06.09.2022 is annexed to the writ petition as Annexure-10. V. The Petitioners have participated in this written examination with the knowledge that the same was to be held under the Police Order, 2020. On 30.11.2022, a Select List of 528 SC category candidates was published. A copy of the Select List dated 30.11.2022 is annexed to the writ petition as Annexure-11. VI. Out of the said list, 106 candidates have been promoted to the post of Assistant Sub-inspector of Police as per available vacancies. VII. In terms of Rule 5(3), the Select List dated 30.11.2022 shall remain valid for that calendar year only. VIII. The case of the Petitioners is distinguishable from that of the UR and ST candidates. The Hon’ble High Court directed that the Select List of UR and ST category candidates following written examination pursuant Police Headquarter order dated 27.10.2020 be continued till its exhaustion since the Odisha to Police Service (Method of Recruitment and Conditions of service of Assistant Sub- Inspectors) Order, 2020 was not in force at the time of initiation of the process. In fact, the Select Lists for UR and ST were published on 12.12.2020 and 14.12.2020 respectively, which was prior to the publication of the Police Order, 2020 in the gazette. Page 7 of 9. IX. However, in the present case, the entire examination process has been conducted as per the Police Order, 2020 after the same was gazetted on 27.07.2021. 7.Basing on the stand taken in para-5 of the affidavit, learned counsel appearing for the Petitioners contended that since as on 27.10.2020, vacancy in S.C. category was available, but because of the wrong committed by the authority, Petitioners and similarly situated S.C candidates were deprived to get the benefit of the order passed in the aforesaid Writ Appeal. It is accordingly contended that the merit list published on 30.11.2022 under Annexure-12 be kept valid till its exhaustion as has been allowed in the case of U.R & S.T candidates. 8. Learned counsel appearing for the State on the other hand placing reliance on the additional affidavit contended that even though there were 18 vacancies available as on 27.10.2020. but the said vacancy was clubbed with subsequent vacancies coming to 37, and all those vacancies were filled up as per the CSB held on 16.06.2021. It is accordingly contended that since the vacancy available as on 27.10.2020 and the subsequent vacancy, coming to 37, has already been filled up in the meantime, merit list published on 30.11.2022 under Annexure-12 cannot be kept valid. 9. Having heard learned counsel appearing for the parties and considering the submission made, this Page 8 of 9. Court finds that the present Writ Petition was filed with a prayer to keep valid the merit list published under Annexure-12 on 30.11.2022 in the light of the benefit extended in favour of U.R & S.T candidates as per the order passed in W.A. No .774 of 2021 and batch. 9.1. Considering the facts that as on 27.10.2020, there were 18 vacancies available and no willingness was called for from the S.C candidates and because of that Petitioners were deprived to get the benefit of the order passed in the Writ Appeal, it is the view of this court that, benefit extended in favour of U.R & S.T candidates in terms of the order passed Writ Appeal No.774 of 2021 and batch is also squarely applicable to the claim of the Petitioners as made in the present Writ Petition. 9.2. Therefore, while disposing the Writ Petition, this Court directs Opp. Party Nos.1 & 2 to keep the merit list published on 30.11.2022 valid till its exhaustion. 9.3. With the aforesaid observation and direction the Writ Petition stands disposed of. Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 20-Sep-2025 17:31:29 sangita (Biraja Prasanna Satapathy) Judge Page 9 of 9.