Writ Appeal No. 948 of 2024 · The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 12381 of 2025 In the matter of an application under Articles 226 & 227 of the Constitution of India. Deepak Kumar Padhi & Ors. ……………… …. Petitioners State of Odisha & Ors. …. Opposite Parties -versus- W.P.(C) No. 12114 of 2025 Rakesh Ranjan Kar & Ors. …. Petitioners State of Odisha & Ors. …. Opposite Parties -versus- W.P.(C) No. 12865 of 2025 Subrat Kumar Padhy …. Petitioner -versus- Odisha Public Service Commission Represented through Chairman & Ors. …. Opposite Parties For Petitioners along with Ms. A. Pradhan, Advocate Mr. S. Palit, Sr. Advocate : For Opp. Parties : Mr. Pitambar Acharya, Adv. General along with Mr. S. Das, AGA Mr. A. Behera, Advocate (OPSC) Mr. P.K. Rath, Sr. Advocate (Intervenors) Mr. D. Mohapatra, Sr. Advocate (Intervenors) // 2 // PRESENT: THE HON’BLE JUSTICE BIRAJA PRASANNA SATAPATHY --------------------------------------------------------------------------------------- Date of Hearing: 25.08.2025 & Date of Judgment: 15.10.2025 --------------------------------------------------------------------------------------- Biraja Prasanna Satapathy, J. 1. Since all these writ petitions have been filed challenging the 5th corrigendum issued by the Odisha Public Service Commission (in short Commission) to Advertisement No. 19 of 2023-24 for recruitment to the post of Assistant Executive Engineer (Civil and Mechanical) under the department of Water Resources, Govt. of Odisha vide notice dtd.11.04.2025, all these writ petitions were heard analogously and disposed of by the present common order. 2. While W.P.(C) No. 12381 of 2025 has been filed by the Petitioners challenging the fixation of the last date to make the application for the post of Assistant Executive Engineer (Civil and Mechanical) to 08.05.2025 vide Clause 3 of the corrigendum, the other two writ petitions have been filed challenging the stipulation contained in Clause 5 of the corrigendum dtd.11.04.2025. 3. Learned Sr. Counsel appearing for the Petitioners in W.P.(C) No. 12381 of 2025 contended that the Commission initially issued Page 2 of 29 // 3 // Advertisement No. 19 of 2023-24 inviting applications for recruitment to 580 posts of Assistant Executive Engineer (Civil) under the Water Resources Department, Works Department and H & UD Department of Govt. of Odisha and for recruitment of 41 posts of Assistant Executive Engineer (Mechanical) under the Water Resources Department on 28.12.2023. 3.1. Challenging the stipulation contained in Clause 5 of the Advertisement No. 19 of 2023-24 so published on 28.12.2023, W.P.(C) No. 596 of 2024 & batch were filed before this Court. This Court vide order dtd.07.03.2024 in W.P.(C) No. 596 of 2024 & batch while considering the interim prayer, passed the following interim order vide Para 18:- “18. To protect the Petitioners, who have approached this Court by filing the present writ petitions, this Court deems it proper to direct the Opposite Parties to proceed with the selection process pursuant to the Advertisement No.19 of 2023/24 dated 28.12.2023 under Annexure-8. However, the final result of such recruitment test shall not be published without leave of this Court.” 3.2. It is further contended that challenging the vires of Rule 4 of the Odisha Engineering Service (Method of Recruitment and Conditions of Service) Amendment Rules, 2023, amending Rule 7(3) and 7(4) of the Odisha Engineering Service (Method of Recruitment and Conditions of Service) Rules, 2012 as well as Page 3 of 29 // 4 // seeking quashing of the Advertisement No. 19 of 2023-24 so published on 28.12.2023, a batch of writ petitions were filed before this Court in W.P.(C) No. 10185 of 2024 & batch. Similarly challenging the interim order passed on 07.03.2024 in W.P.(C) No. 596 of 2024 & batch, Writ Appeal No. 948 of 2024 was also filed before this Court.
Legal Reasoning
7(4) of the Amendment Rules, 2023 so upheld by this Court in its Judgment dtd.15.01.2025 reads as follows:- “(3) (a) The Commission after receipt of all the applications shall take steps to select the candidates on the basis of valid Graduate Aptitude Test in Engineering (GATE) score and interview. Page 9 of 29 // 10 // (b) The merit list shall be prepared on the basis of aggregate marks secured in valid Graduate Aptitude Test in Engineering (GATE) score carrying 90% weightage and interview carrying 10% weightage. (c) In case of two or more candidates securing the same marks in aggregate, the candidate securing higher marks in interview will be assigned higher position over the others. (d) In case of securing same marks in interview, final ranking will be determined on the basis of age, i.e., the elder in age will be given preference over others." (ii) for sub-rule(4), the following shall be substituted, namely: "(4) The Commission shall shortlist the candidates for interview on the basis of valid Graduate Aptitude Test in Engineering (GATE) score which shall be two times of the vacancies advertised, category wise. Provided that the candidates securing same marks at the cut-off point of each category would be admitted for interview even it exceeds two times of the vacancies advertised"” 4.2. It is contended that as per the amended provisions of Rule 7(3) and 7(4) of the Amendment Rules, 2023, there is no such provision in allowing the candidates who have already made their applications in terms of advertisement dtd.28.12.2023, to update and upload the upgraded/enhanced valid GATE score, if they have Page 10 of 29 // 11 // got any upgraded/enhanced valid GATE score, subsequent to the last date of application i.e.26.02.2024 so fixed in terms of the 4th corrigendum issued on 17.02.2024. 4.3. It is contended that subsequent to the publication of the Advertisement No. 19 of 2023-24 on 28.12.2023, the Commission initially issued a corrigendum on 29.12.2023 and the 2nd corrigendum on 12.01.2024. Vide the 2nd corrigendum issued on 12.01.2024, the last date of making the application was extended to 19.02.2024. Thereafter, vide the 3rd corrigendum issued on 19.01.2024, the stipulation contained in Para 9 of the original advertisement was deleted, so far as it relates to furnishing of the certificate showing valid GATE score in the subject (GATE Paper) of Civil Engineering/Mechanical Engineering, whichever is applicable. 4.4. It is contended that subsequently vide the 4th corrigendum issued on 17.02.2024, the last date of making the application was extended to 26.02.2024. However, in terms of the original advertisement issued on 28.12.2023 and the 4th corrigendum issued on 17.02.2024 fixing the last date of application as 26.02.2024, all the Petitioners with having the required GATE Page 11 of 29 // 12 // score, made their applications. However, because of the interim order passed and pendency of the issue before this Court, the final result was never published. 4.5. It is also contended that Hon’ble Division Bench vide its judgment dtd.15.01.2025, never permitted the Commission to change the stipulation contained in Para 9 of the original advertisement issued on 28.12.2023, so modified in corrigendum dtd.19.01.2024. It is accordingly contended that all those candidates who have made their applications up to 26.02.2024 with having valid GATE score, are required to be considered taking into account the available GATE score and no opportunity be given to the existing candidates, to upload the enhanced GATE score if any, so contained in Para 5 of the corrigendum dtd.11.04.2025. 4.6. It is contended that after amendment of Rule 7(3) and 7(4) of vide the Amendment Rules, 2023, the candidates got the opportunity to appear GATE 2024 as well as GATE 2025. With having the required GATE score, since the Petitioners and all existing candidates have already made the applications, no opportunity be given to the existing candidates, to enhance the Page 12 of 29 // 13 // GATE score, subsequent to the last date of application so fixed to 26.02.2024 in the 4th corrigendum dtd.17.02.2024. 4.7. It is contended that such a stipulation has been incorporated in Clause 5 of the impugned 5th corrigendum dtd.11.04.2025, contrary to the order passed by the Hon’ble Division Bench in its judgment dtd.15.01.2025. It is contended that Hon’ble Division Bench never allowed the existing candidates to upload the enhanced valid GATE score, if any. Hon’ble Division Bench only directed for extension of last date of making the application, in order to enable the candidates to make their applications with having the valid GATE score, taking into account the fact that result of GATE 2025 Examination was to be published in the month of March, 2025. 4.8. It is accordingly contended that such a stipulation contained in Para 5 of the impugned corrigendum on 11.04.2025, is contrary to the stipulation contained in Para 9 of the original advertisement further modified vide the 3rd corrigendum issued on 19.01.2024 and the Judgment of the Hon’ble Division Bench so passed on 15.01.2025. Accordingly, it is contended that such a stipulation contained in Para 5 of the impugned corrigendum dtd.11.04.2025 Page 13 of 29 // 14 // is not sustainable in the eye of law and needs interference of this Court. 5. Mr. Pitambar Acharya, learned Advocate General along with Mr. S. Das, learned AGA appearing on behalf of the State on the other hand made a preliminary objection with regard to maintainability of the present batch of writ petitions inter alia taking the ground that the final judgment and order passed by the Hon’ble Division Bench on 15.01.2025 in W.P.(C) No. 10185 of 2024 & batch, is now the subject matter of challenge before the Hon’ble Apex Court in Special Leave Petition (Civil) Diary No. 14089 of 2025, and Hon’ble Apex Court vide order dtd.03.06.2025 has issued notice of the Leave Petition with an order that there shall be no stay on the recruitment process. It is accordingly contended that the present writ petitions filed with the prayer as made is no more entertainable in view of the pendency of the matter before the Hon’ble Apex Court and the order passed not to stay the recruitment process. Order dtd.03.06.2025 so passed by the Apex Court reads as follows:- “Issue notice, returnable in the week commencing 11.08.2025. However, there shall be no stay on the recruitment process.” Page 14 of 29 // 15 // 5.1. It is further contended that since the impugned corrigendum dtd.11.04.2025 has been issued pursuant to the Judgment passed by the Hon’ble Division Bench on 15.01.2025 and the issue is now
Arguments
3.3. It is contended that Hon’ble Division Bench while disposing W.P.(C) No. 10185 of 2024 and batch along with W.A. No. 948 of 2024 vide its Judgment dtd.15.01.2025, while upholding the amendment carried to Rule 7(3) and 7(4) of the 2023 Amendment, upheld the view of the learned Single Judge so passed in order dtd.07.03.2024, to the extent that all the candidates should have been given one chance to appear the GATE Examination. Hon’ble Division Bench made the following conclusion in Para 34 to 39, and the same reads as follows:- “34. We reject the challenge to the vires of Rule 4 (i) and Rule 4 (ii) of the Odisha Engineering Service (Recruitment and Conditions of Service) Amendment Rules 2023, amending Rule 7 (3) and 7(4) of the Orissa Engineering Service (Recruitment and Conditions of Service) Rules 2012, and uphold the 2023 Amendment Rules. 35. As regards the Advertisement No.19 of 2023/24 dated 28.12.2023,we find no merit in the submission of some of the Page 4 of 29 // 5 // counsel for the petitioners that the impugned advertisement should be quashed on the same ground as Advertisement No 20 of 2022-23 dated 18.03.2023 had been quashed in the earlier batch of writ petitions by this Court, that a level playing field has not been provided to the candidates who have not appeared in GATE for three years as there is no stipulation in the advertisement that that the highest valid GATE Score for the last three years will be considered. 36. After having held thus in view of the facts and circumstances discussed above, we deem it just and equitable to direct that the last date 12.01.2024 indicated in dated 28.12.2023 Advertisement No.19 of 2023 / 24 published by the OPSC for submission of examinations (which has been extended subsequently) shall be further extended by a suitable date so as to give an opportunity to the candidates who were otherwise eligible (on account of their age and educational qualification) as on the last date for applications as fixed by the State Government / OPSC on 26.02.2024, to appear in the GATE examination at least once and submit their applications along with their valid GATE score if any The applications of candidates, but had earlier appeared in GATE examination (and were otherwise eligible (on account of their age and educational qualification) as on the last date for applications as fixed by the State Government /OPSC shall also be considered. But the candidates who had not acquired the necessary educational qualifications or were under age by the last date earlier fixed by the State Government / OPSC on will not be eligible to apply. This is to prevent prejudice to the candidates who were otherwise eligible (due to their educational qualifications and age) on the last date fixed by the State Government / OPSC. The applicants who were eligible as per the terms of the Page 5 of 29 // 6 // advertisement and had applied pursuant to such advertisement and whose applications have been processed in compliance of the interim order dated 17.03.2024 passed in WP (C) No. 42059 of 2023 and batch, need not apply again. 37. All the writ applications are allowed to the extent indicated above. 38. We agree with the view expressed by the learned Single Judge in the interim order 17.03.2024 passed in W.A. No. 948 of 2024 and batch that the candidates should have been given one chance to appear in the GATE examination. The Writ Appeal is disposed of confirming the order of the learned Single Judge in WP(C) No. 586 of 2024 and batch passed on 17.03.2024 to the extent indicated above. The writ petitions may be listed before the assigned Bench for disposal. 39. It goes without saying that the observations / direction of the Supreme Court while disposing of SLP (C) No. 23396 of 2013 should be kept in mind and the applications of candidates who had applied earlier in response to the previous advertisement should not be rejected on the ground that they became overage when Advertisement No 19 of 2023-24 was published.” 3.4. Learned Sr. Counsel appearing for the Petitioners in W.P.(C) No. 12381 of 2025 vehemently contended that since while disposing W.P.(C) No. 10185 of 2024 & batch along with Writ Appeal No. 948 of 2024 vide Judgment dtd.15.01.2025, Hon’ble Division Bench directed for further extension of the last date to make the application pursuant to Advertisement No. 19 of 2023-24 dt.28.12.2023, so as to give an opportunity to the candidates who Page 6 of 29 // 7 // were otherwise eligible (on account of their age and educational qualification) as on the last date for application as fixed by the State Govt./OPSC, to appear in the GATE Examination at least once, and submit their applications along with their valid GATE score, if any, the Commission while issuing the impugned corrigendum on 11.04.2025, should not have fixed the last date to make the application to 08.05.2025, as the Petitioners in the present writ petition have not yet acquired the required GATE score. It is contended that Petitioners have already made their applications to appear the GATE Examination 2026 and the examination of which is likely to take place in February 2026. 3.5. It is contended that in view of the nature of order passed by the Division Bench on 15.01.2025, Petitioners herein should be allowed to appear the GATE Examination at least once and since GATE Examination 2026 is likely to be held in February 2026, the last date for making the application so fixed to 08.05.2025 in the impugned corrigendum dtd.11.04.2025 needs interference of this Court. It is contended that Petitioners be allowed one opportunity to take the GATE Examination and make the application in terms of the Advertisement No. 19 of 2023-24 with having valid GATE Page 7 of 29 // 8 // score and the last date so fixed to 08.05.2025 will disentitle the Petitioners to make the application. 3.6. It is also contended that this Court vide order dtd.26.05.2025 while disposing the interim application, has passed an interim order by restraining the Opp. Parties from filling up the post befitting to the qualification of each of the Petitioners in the present writ petition as well as in the connected W.P.(C) Nos. 12114 of 2025 and 12865 of 2025. It is accordingly contended that in view of the nature of order passed by the Hon’ble Division Bench on 15.01.2025, the impugned corrigendum issued on 11.04.2025 by fixing the last date to 08.05.2025 is illegal and unsustainable in the eye of law. Petitioners since have not appeared the GATE Examination till date and in terms of order dt.15.01.2025 Petitioners are required to be given at least one chance to take the GATE Examination, fixation of last date to 08.05.2025 is contrary to the direction contained in order dtd.15.01.2025. It is accordingly contended that such stipulation contained in Para 3 of the corrigendum dtd.11.04.2025 needs interference of this Court with continuance of the interim order passed on 26.05.2025 and the last date of making the application Page 8 of 29 // 9 // be extended till publication of the result of GATE Examination 2026, which is likely to be held in February, 2026. 4. Learned Sr. Counsels appearing for the Petitioners in the connected W.P.(C) Nos. 12114 & 12865 of 2025 on the other hand while challenging the stipulation contained in Para 5 of the corrigendum dtd.11.04.2025, contended that Petitioners herein made their applications pursuant to the advertisement issued on 28.12.2023 vide Advertisement No. 19 of 2023-24. By the time they made such applications, they were having the required qualification and they also possess the valid GATE score. However, taking into account the challenge made to the advertisement so published on 28.12.2023 and the interim order passed on 07.03.2024 in W.P.(C) No. 596 of 2024 and batch, the process of selection was not completed. 4.1. It is further contended that amendment made to Rule 7(3) and
Decision
before the Apex Court in the aforesaid SLP, the writ petitions are no more maintainable before this Court. It is also contended that since the Hon’ble Apex Court has passed an order that there shall be no stay on the recruitment process, order dtd.26.05.2025 so passed by this Court while disposing the interim applications is also required to be vacated. 5.2. Bereft of the aforesaid submissions, learned Advocate General contended that Petitioners in W.P.(C) No. 12381 of 2025 were neither the Petitioners in the batch of writ petitions disposed of by the Hon’ble Division Bench vide judgment dtd.15.01.2025 nor they were the Petitioners in W.P.(C) No.596 of 2024 & batch. Since the Petitioners in W.P.(C) No. 12381 of 2025 have not yet acquired the required GATE score as yet by taking GATE 2024 and 2025, they are no way aggrieved with regard to the last date fixed in the impugned 5th corrigendum dtd.11.04.2025 to 08.05.2025. Page 15 of 29 // 16 // 5.3. Learned Advocate General vehemently contended that amendment carried to Rule 7(3) and 7(4) of the 2012 Rules vide Amendment Rules, 2023, has been upheld by the Hon’ble Division Bench in its Judgment dtd.15.01.2025. However, considering the nature of order passed by the Division Bench and to allow the candidates to have an opportunity to appear the GATE Examination once, and the fact that some of the eligible candidates have appeared GATE, 2025, result of which was published in March, 2025, the last date of making the application was extended to 08.05.2025 vide the impugned corrigendum dtd.11.04.2025. 5.4. It is contended that after publication of the initial advertisement on 28.12.2023, GATE 2024 and GATE 2025 Examination were held with publication of the result of GATE 2025 during March 2025. It is contended that registration for making the application to take GATE 2025 was made available with publication of the notice on 24.08.2024 and the last date with late fee was fixed to 11.10.2024. Since the Petitioners in W.P.(C) No. 12381 of 2025 on the face of the amendment carried to Rule 7(3) and 7(4) of the Amendment Rules, 2023 so notified on 28.09.2023, never participated either in GATE 2024 or GATE 2025 Examination, they have no locus standi to challenge the last Page 16 of 29 // 17 // date so fixed to 08.05.2025 vide the impugned 5th corrigendum dtd.11.04.2205. 5.5. It is also contended that the plea of the Petitioners that they have made their applications to appear the GATE 2026 Examination, to be held in February, 2026, and accordingly they be allowed to participate in the selection process with extension of the last date for making the application in terms of the order dt.15.01.2025 is not at all entertainable and such a prayer is completely misconceived. 5.6. Since Petitioners in W.P.(C) No. 12381 of 2025 were never before this Court challenging the selection process initiated with publication of the advertisement on 28.12.2023, and on the face of the amendment made to Rule 7(3) and 7(4), which has been upheld by the Hon’ble Division Bench in its judgment dt.15.01.2025, they never choose to appear the GATE Examination so conducted in the year 2024 and 2025, their plea that they be allowed to participate in the selection process pursuant to advertisement dtd.28.12.2023, after publication of their result of GATE 2026, which will be held in February 2026, is not at all entertainable. It is accordingly contended that the prayer made in Page 17 of 29 // 18 // W.P.(C) No. 12381 of 2025 is completely misconceived and the writ petition is liable for dismissal. 5.7. With regard to the challenge made by the Petitioners in the connected W.P.(C) Nos.12114 & 12865 of 2025, more particularly to Clause 5 of the impugned corrigendum, learned Advocate General contended that since pursuant to the Judgment passed by this Court on 15.01.2025, the last date of making the application was extended to 08.05.2025 and some of the candidates have bettered their score in GATE 2025 examination, result of which was published in March, 2025, the Commission thought it proper to allow such candidates who have already made their applications by 26.02.2024, to upload the enhanced GATE score, if any. 5.8. It is also contended that in terms of the Amended Rules 7(3) and 7(4) of the 2023 Amendment Rules, the selection is to be made basing on the valid GATE score and the marks to be secured in the interview, to the extent of 90% and 10% weightage. If some of the candidates subsequent to making the application by the last date so fixed to 26.02.2024, have enhanced the GATE score, while taking the GATE 2025 Examination, they have been rightly allowed to upload their enhanced GATE score, vide Para 5 of the Page 18 of 29 // 19 // impugned corrigendum dtd.11.04.2025. It is accordingly contended that stipulation in Para 5 of the impugned corrigendum, has been rightly made, taking into account the nature of order passed by the Hon’ble Division Bench on 15.01.2025 and extension of the last date to 08.05.2025 with publication of the result of GATE 2025 in March, 2025. 5.9. It is also contended that such a stipulation has been provided vide Para 5 of the corrigendum dtd.11.04.2025, in terms of Para 32 of the Judgment dtd.15.01.2025. Para 32 of the Judgment reads as follows:- “It is not disputed that the GATE score remains valid for three years So a candidate may appear every year in the examinations to obtain a valid GATE score or improve his / her score. That is an option available to the candidate. As long as his/her GATE Score is valid, it can be considered for the purpose of selection. So advertisement No 19 of 2023/24 published on 28.12.2023 cannot be set aside on the ground that it stipulates that selection shall be on the basis of a valid GATE Score.” 6. Mr. P.K. Rath, learned Sr. Counsel along with Mr. D. Mohapatra, learned Sr. Counsel appearing for the Opp. Parties in W.P.(C) No. 12381 of 2025, contended that since Petitioners on the face of the stipulation contained in Rule 7(3) and 7(4) of the Page 19 of 29 // 20 // Amendment Rules 2023, have not yet acquired the GATE score, by appearing the GATE Examination so held in the year 2024 & 2025, Petitioners have no locus standi to challenge the last date fixed to 08.05.2025, in the impugned corrigendum dtd.11.04.2025. 6.1. It is also contended that Petitioners in W.P.(C) No. 12381 of 2025 were never before this Court on earlier occasion and since they have not yet appeared the GATE Examination, on the face of the amended provision of Rule 7(3) and 7(4) of the Rules so notified on 28.09.2023 at their instance, the process of selection cannot be stopped nor any post can be kept reserved for them in terms of the interim order passed by this Court on 26.05.2025. Since Petitioners never choose to appear GATE 2024 and GATE 2025 Examination, on the face of the stipulation contained under Rule 7(3) and 7(4) of the Amendment Rules, 2023 so upheld by the Hon’ble Division Bench in its Judgment dtd.15.01.2025, challenge made to the stipulation contained in Para 3 of the impugned corrigendum in fixing the last date for making the application to 08.08.2025, needs no interference of this Court. 7. Similarly, Mr. G. Mishra, learned Sr. Counsel appearing for the Opp. Parties in W.P.(C) No. 12865 of 2025 along with Mr. S.N. Page 20 of 29 // 21 // Das, learned counsel while supporting the submission of learned Advocate General, contended that stipulation contained in Para 5 of the impugned corrigendum dtd.11.04.2025, has been made taking into account the finding of the Hon’ble Division Bench in Para 32 of the Judgment. It is contended that GATE score since remains valid for 3 years and the candidate can appear every year in the examination to obtain a valid GATE score or improve his/her score, taking into account the fact that the last date so fixed earlier to 26.02.2024 has now been extended to 08.05.2025, the Private Opp. Parties, who have enhanced their GATE score in GATE examination, 2025, are eligible and entitled to upload their enhanced GATE score and it no way cause prejudice to the Petitioners. Since a candidate can appear every year to obtain a valid GATE score or to improve his/her score, and the Private Opp. Parties have improved their GATE score in the GATE Examination 2025, result of which was published in March 2025, they have been rightly permitted by the Commission to upload their enhanced GATE score vide Para 5 of the corrigendum dt.11.04.2025. 7.1. It is also contended that since the selection process pursuant to Advertisement dtd.28.12.2023 has not yet been finalized and the Page 21 of 29 // 22 // last date of making the application has now been extended to 08.05.2025 and all those candidates who will now make their applications by 08.05.2025 will be in a position to upload their valid GATE score of the GATE 2025 Examination, result of which was published in March, 2025, Private Opp. Parties will be seriously prejudiced, if they are not permitted to upload their enhanced GATE score, if any, in terms of Para 5 of the impugned corrigendum. It is accordingly contended that challenge made to Para 5 of the impugned corrigendum in W.P.(C) Nos. 12114 & 12865 of 2025 needs no interference of this Court. 8. Having heard learned counsel appearing for the Parties, considering the submissions made and after going though the materials available on record, this Court finds that recruitment of Assistant Executive Engineer in the State was initially governed as per the provisions contained under Rule 6 & 7 of the Odisha Engineering Service (Method of Recruitment and Conditions of Service) Rules, 2012. Under Rule 6 & 7 of the 2012 Rules, there was no such provisions for furnishing valid GATE score. 8.1. Rule 7 of the 2012 Rules, was amended in the year 2014 vide Rule 2 of the Amendment Rules. Subsequently, vide Amendment Page 22 of 29 // 23 // Rules, 2021, Sub-Rule 3 & 4 of Rule 7 of the 2012 Rules were amended. Such amendment carried to Rule 7(3) and 7(4) vide the Amendment Rules, 2021, was the subject matter of challenge before this Court in W.P.(C) No. 15738 of 2022 and batch. Vide a common judgment passed by this Court on 01.05.2025, amendment carried to Rule 7(3) and Rule 7(4) of the Amendment Rules, 2021 and so also the advertisement issued in that regard by the Commission on 18.03.2023 vide Advertisement No. 20 of 2022-23 were quashed. 8.2. It is found that subsequent to quashing of the amendment carried to Rule 7(3) and 7(4) vide the Amendment Rules, 2021, vide notification dtd.28.09.2023, Rule 7(3) and 7(4) of the 2012 Rules were amended. Such amendment carried to Rule 7(3) and 7(4) vide the Amendment Rules 2023, has been upheld by this Court in its judgment dtd.15.01.2025 in W.P.(C) No. 10185 of 2024 and batch. 8.3. It is also found that judgment and order passed by this Court on 15.01.2025, is now the subject matter of challenge before the Hon’ble Apex Court in SLP(C) Diary No. 14089 of 2025. Hon’ble Apex Court while issuing notice of the SLP, has passed an order Page 23 of 29 // 24 // that there shall be no stay of the recruitment process. As further found, in terms of the amendment carried to Rule 7(3) and 7(4) vide Amendment Rules, 2023, the Commission issued Advertisement No. 19 of 2023-24 on 28.12.2023, inviting application to fill up the 580 posts of Assistant Executive Engineer (Civil & Mechanical) in various departments of the Govt.. The last date so fixed to 12.02.2024 in the Advertisement, was extended to 26.02.2024 vide the 4th corrigendum issued on 17.02.2024. Vide the 3rd corrigendum issued on 19.01.2024, Para 9(v) of the original advertisement dtd.28.12.2023 was modified and it was indicated that valid GATE score means valid GATE score on the subject of Civil Engineering/Mechanical Engineering, whichever is applicable. 8.4. It is found that, Petitioners in W.P.(C) No. 12114 of 2025 and 12865 of 2025 have made their applications pursuant to the original advertisement issued on 28.12.2023 and the corrigendum issued on 17.02.2024, wherein the last date of making the application was fixed to 26.02.2024. It is found that pursuant to the interim order originally passed by this Court on 07.03.2024 in W.P.(C) No. 596 of 2024 & batch, final result of the recruitment was not published. Page 24 of 29 // 25 // 8.5. It is also found that amendment carried to Rule 7(3) and 7(4) of the Rules vide Amendment Rules, 2023 and the interim order passed on 07.03.2024 in W.P.(C) No. 596 of 2024 & batch, were the subject matter of challenge before the Hon’ble Division Bench in W.P.(C) No. 10185 of 2024 & batch along with Writ Appeal No. 948 of 2024. Hon’ble Division Bench vide Judgment dtd.15.01.2025, while upholding the amendment made to Rule 7(3) and 7(4) of the Amendment Rules, 2023, directed the Commission to extend the last date of making the application so that eligible candidates can get an opportunity to appear in the GATE Examination at least once and submit their applications along with the valid GATE score, if any. Hon’ble Division Bench also modified the interim order passed by this Court on 07.03.2024 in W.P.(C) No. 596 of 2024 and batch, and only upheld the order so passed to the extent that candidates should have been given one chance to appear in the GATE Examination. 8.6. As found, pursuant to such order passed by the Hon’ble Division Bench on 15.01.2025, while issuing the impugned 5th corrigendum on 11.04.2025, the last date of making the application was extended to 08.05.2025 of the advertisement issued originally on 28.12.2023. It is also found that after the Page 25 of 29 // 26 // amendment carried to Rule 7(3) and 7(4) of the Amendment Rules, 2023 so published on 28.09.2023, eligible candidates had the opportunity to appear the GATE Examination 2024 and the last date of making the application was till 20.10.2023. Similarly, eligible candidates also made the application to take GATE Examination, 2025, the last date of which was fixed to 11.10.2024. Result of GATE Examination 2025, which is not disputed was published in March, 2025. 8.7. Since on the face of the amendment carried to Rule 7(3) and 7(4) of the Rules so notified on 28.09.2023, Petitioners in W.P.(C) No. 12381 of 2025 never choose to appear either GATE 2024 or GATE 2025, it is the view of this Court that at their instance, the last date of making the application so fixed to 08.05.2025 vide the impugned corrigendum dt.11.04.2025, cannot be further extended with the plea that Petitioners have chosen to appear GATE Examination 2026, which will be held in February, 2026. The plea that in terms of the order passed by the Hon’ble Division Bench on 15.01.2025, Petitioners be given one opportunity to appear GATE Examination, is not acceptable nor entertainable, as by that way, the selection process so initiated on 28.12.2023 cannot come to its logical conclusion and it will be a never ending process. Page 26 of 29 // 27 // 8.8. It is also found that Petitioners in W.P.(C) No.12381 of 2025 were never before this Court on earlier occasion either challenging the amendment to Rule 7(3) and 7(4) vide the 2023 Amendment or the Advertisement issued on 28.12.2023 by the Commission. In view of such position, this Court is of the view that challenge made by the Petitioners in W.P.(C) No. 12381 of 2025 to Para 3 of the impugned corrigendum is not at all entertainable. 8.9. Similarly, it is found that Petitioners in W.P.(C) Nos.12114 & 12865 of 2025 have made their applications pursuant to the advertisement issued initially on 28.12.2023 with the last date so extended to 26.02.2024, pursuant to the 4th corrigendum issued on 17.02.2024. Since after making the application by 26.02.2024, eligible candidates got the opportunity to appear GATE Examination, 2025, result of which was published in March, 2025, taking into account the view expressed by the Hon’ble Division Bench in Para 32 of the Judgment dtd.15.01.2025 and the stipulation contained under Rule 7(3) & 7(4) of the Amendment Rules 2023, so upheld by the Hon’ble Division Bench in its order dtd.15.01.2025, it is the view of this Court that such candidates who have made their applications by 26.02.2024, if have improved Page 27 of 29 // 28 // their GATE score by appearing the GATE 2025, they are otherwise eligible to update/upload their enhanced GATE score, if any. 8.10. Therefore, it is also the view of this Court that Para 5 of the impugned corrigendum has been rightly inserted by allowing such existing candidates to upload/update their improved GATE score, if any. Therefore, challenge made to Para 5 of the impugned corrigendum dtd.11.04.2025 in W.P.(C) Nos.12114 & 12865 of 2025, as per the considered view of this Court, is also not legal and justified. This Court is accordingly not inclined to interfere with Para 5 of the impugned corrigendum dtd.11.04.2025. 8.11. While not inclined to interfere with the challenge made to Para 3 and 5 of the impugned corrigendum dtd.11.04.2025, so made in all the 3 writ petitions, this Court while disposing the writ petitions, only observe that selection and appointment to be made pursuant to the Advertisement issued on 28.12.2023 in terms of the amendment to Rules 7(3) and 7(4) of the 2023 Amendment Rules, shall be subject to final outcome of SLP(C) Diary No. 14089 of 2025. This Court directs the State-Opp. Party to insert Page 28 of 29 // 29 // such a stipulation in the order of appointment to be issued in favour of the eligible candidates. 9. All the writ petitions accordingly stand disposed of. Interim order passed earlier stands vacated. (BIRAJA PRASANNA SATAPATHY) Judge Orissa High Court, Cuttack Dated the 15th October, 2025/Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Oct-2025 12:03:34 Page 29 of 29