The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15202 of 2023 Krishna Mandangi …. Mr. Rajib Rath, Advocate Petitioner -versus- State of Odisha and others …. Opposite Parties Mr. Saswat Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 19.05.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: Order No. 01. “The Petitioner therefore most respectfully pray that your lordships may be graciously pleased to admit this writ petition and issue a Rule Nisi to the opposite parties to show cause as to why: i) the action of the Opp. Party No.5 is not issuing the formal appointment order to the petitioner as he had been duly selected for appointment to the post of Constable and his name find place at Serial No.139 in the appointment order list as per Annexure-9 out of the 150 post for the Rayagada // 2 // ii) District shall not be declared as illegal and arbitrary and unsustainable in the eye of law and the petitioner shall not be issued with the order of appointment as he had already joined the training course which was duly accepted by the Opposite Party and worked for 8 days from 14.04.2023 to 21.04.2023 the action of the Opp. Party No.5 in not issuing the appointment order shall not be declared as illegal and arbitrary as such action the order of issuing appointment amounts to review of the entire selection procedure followed by the Opp. Party No.3 Chairman State Selection Board and the same is not in consonance with the Order 21 as per Annexure 3 and the as per Annexure-2. advertisement published in not iii) The decision of the Opp. Parties in not issuing the appointment orders after they had joined the basic training course and worked for 8 days without giving any reason is in complete violation of the principle of Natural Justice and hits article 14, 16 and 21 of the Constitution of India and accordingly a writ of Mandamus may be in directing them to consider the case of the Petitioner for appointment to the 150 post made for Rayagada District. the Opposite Parties issued to AND On their failing to show cause or showing insufficient cause make the said Rule Nisi absolute. AND Pass such other further order/orders as may be deemed fit and proper under the facts and // 3 // circumstances of the case.” 4. It is submitted by Mr. Rajib Rath, learned counsel appearing for the Petitioner that the Petitioner belong to S.T. Community and since the Petitioner had the eligibility criteria pursuant to advertisement dated 31.12.2022, he applied for the post of Constable (Civil) as advertised under Annexure-1 to the writ petition. It is submitted by the learned counsel for the Petitioner that the Petitioner participated in the selection process and his name was included in the final select list which was prepared by the Selection Board. Further, referring to Annexure-9, learned counsel for the Petitioner submitted that in the list prepared indicating names of 150 selected candidates for appointment to the post of Civil Constable 2022 in respect of Rayagada District dated 17.04.2023, the name of the Petitioner appears against Serial No.139. He further submitted that on the basis of the said final selection list, the Petitioner was asked to undergo basic training and after undergone training for 8 days, he was not allowed to further undergo training. Accordingly, the Petitioner had approached the Opposite Party No.2-Director General of Police-cum-I.G. of Prisons & Director, Correction Services, Cuttack by filing representation on 02.05.2023 and the Chairman, State Selection Board, Odisha Police on 2.5.2023. Since no decision has been taken on the same by the // 4 // authority as of now, the Petitioner has approached this Court by filing a present writ petition. Learned counsel for the Petitioner also contended that although the Petitioner was finally selected and his name has been reflected in the final select list, he has not been issued the appointment order although he had informing that some candidates having issued provisional appointment letter. 5. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, submitted that no doubt, the name of the present Petitioner appears in the final select list under Annexure-9, however, the Petitioner has failed to produce any appointment order in the present case. Further, he submits that since the Petitioner had already approached the competent authority by filing a representation, the present writ petition can be disposed of by directing the authorities to consider the representation of the Petitioner in accordance with law and to take a decision which in accordance with law and the rules governing the field within a stipulated period of time and he has no objection to such direction. 6. Considering the submission made by the learned counsels for the respective parties and upon careful examination of the background facts of the present case and keeping in view the final selection list under Annexure-9, this Court deems it proper to dispose of the writ petition by // 5 // directing the Opposite Party Nos.2 and 4 to take a decision on the representation of the Petitioner under Annexure-10 strictly in accordance with law within a period of four weeks from the date of communication of certified copy of this order by the Petitioner. It is further directed that any decision taken by the authorities shall be communicated to the Petitioner. Further, keeping in view the submission of learned counsel for the Petitioner that the Petitioner was allowed to undergo training for about 8 days, the authorities shall permit the Petitioner to undergo basic course of training till a decision is taken on the representation of the Petitioner. 7. With the aforesaid observation and direction, this writ petition stands disposed of. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 21-May-2023 18:08:19