The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15177 of 2023 Dr. Lopamudra Nanda and others …. Petitioners State of Odisha and another …. Opposite Parties
Legal Reasoning
Mr. S. Mohanty-1, Advocate -versus- Mr. I. Mohanty, A.S.C. Mr. P. Mohanty, Sr. Advocate for O.P. No.2 JUSTICE A.K. MOHAPATRA CORAM:
Decision
ORDER 11.05.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. S. Mohanty, learned counsel for the petitioners as well as Mr. I. Mohanty, learned Additional Standing Counsel for the State and Mr. P. Mohanty, learned senior counsel appearing for the OPSC-Opposite Party No.2. Perused the writ application as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioners with the following prayers: “It is therefore humbly prayed that your Lordship may be graciously pleased the Writ Application, issue rule nisi in the nature of a writ of mandamus and any other writ or writs as deemed fit and proper, and issue notice the opposite parties to show cause as to why the petitioners should not be allowed to to admit // 2 // fill up the form online on the basis of provision registration certificates along with an undertaking that the internship completion certificate will be produced at the time of selection, and the petitioners may kindly be permitted to appear in the examination to be conducted by OPSC for recruitment of Ayurvedic Medical Officers on the basis of the Advertisement No.03 of 2023-24 dtd.29.04.2023 vide Annexure-6 (series); And in the event the Opposite parties fails to show cause or show insufficient cause the petitioners be permitted to fill up the form online on the basis of they be registration certificates and provisional permitted to appear in the examination be conducted by OPSC for recruitment of Ayurvedic Medical Officers on the basis of the Advertisement No.03 of 2023-24 dtd.29.04.2023 vide Annexure-6(series) and allow the petitioners to produce the internship certificate at the time of final selection. And, further be pleased to pass any other writ(s), order(s), direction(s), and relief (s) as deemed fit and proper.” 4. It is submitted by Mr. Mohanty, learned counsel appearing for the petitioners that the petitioners, who are taking BAMS Course in the academic session 2017-2018 and accordingly, he further submitted that on 09.06.2022, the petitioners completed BAMS course. Learned counsel for the petitioner further referring to letter dated 16.06.2022 under Annexure-5 submitted that the petitioners were asked to undergo 12 months compulsory Internship / Housemenship training w.e.f. 16.062022. Therefore, such training will come to end w.e.f. 15.06.2023. In the meantime, Odisha Public Service Commission issued an Advertisement No.03 of 2023-24 for the recruitment to the posts of Ayurvedic Medical Officer in Group of Odisha Cadre under Health and Family Welfare Department. On perusal of such advertisement under Annexure-6, it appears that last // 3 // date for submission of application is 08.06.2023. Learned counsel for the petitioners, at this juncture, submitted that although the petitioners tried to submit their applications online, however, they were only submitted their applications. It is further submitted by learned counsel for the petitioners that the petitioners are holding valid degree as has been provided under Rule-6(D) of the Rules of Odisha Ayurvedic Medical Services, (Methods of Recruitment and Conditions of Service) Rules, 2013. Such provision has also incorporated in the advertisement. Therefore, according to learned counsel for the petitioners, they have held valid degree from the university. However, on the ground of non-compliance of training internship course, their applications were not accepted by the Odisha Public Service Commission. In such view of the matter, learned counsel for the petitioners submitted that the petitioners have filed their representations under Annexure-7 series to the writ application. As the representations dated 02.05.2023 are stated to be pending before the Commissioner-cum-Secretary to Government, Health and Family Welfare Department, Odisha, Bhubaneswar for consideration. Since no decision has been taken on such representations, the petitioners approached this Court by filing the present writ application for a direction to the Commissioner-cum-Secretary to Government, Health and Family Welfare Department, Odisha, Bhubaneswar-Opposite Party No.1, who shall take a final decision in the matter. 5. Mr. P. Mohanty, learned senior counsel appearing for the OPSC, on the other hand, submitted that the OPSC published advertisement strictly as per the requirement of the Government and the final decision shall be taken by the Government. Otherwise, // 4 // learned senior counsel appearing for the OPSC submitted that no fault found in the advertisement and the entire recruitment process so far. Accordingly, Mr. P. Mohanty, learned senior counsel submitted that writ application is not maintainable so far as the OPSC is concerned. 6. Learned Additional Standing Counsel for the State, on the other hand, submitted that since the petitioner have filed their representations before the Opposite Party No.1, the said Opposite Party No.1 may be directed to consider their representations in accordance with law within a stipulated period of time. 7. Considering the submissions made by learned counsels for the respective parties, keeping in view the factual background of the present case, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Commissioner- cum-Secretary to Government, Health and Family Welfare Department, Odisha, Bhubaneswar-Opposite Party No.1 to consider the representations of the petitioners under Annexure-7 dated 02.05.2023 in accordance with law within a period four weeks from the date of production of certified copy of this order. 8. Further, OPSC is directed accept the off-line forms of the petitioners and allow them to participate in the recruitment process. However, acceptance of the off-line forms subject to the final decision taken by the Opposite Party No.1 within the aforesaid time stipulated. 9. Further, it is also made clear that permission to appear in the recruitment process shall not create any equity by the petitioners. // 5 // 10. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application in course of the day. A free copy of this order be handed over to the learned counsel for the OPSC as well as learned counsel for the State for compliance and communication. Jagabandhu ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 15-May-2023 13:12:38