The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25469 of 2023 Suhaga Shekhar Sahoo & Anr. …. Petitioners Mr. K.P. Mishra, Sr. Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 07.11.2025 This matter is taken up through Hybrid Order No. 08. 1. Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. Pursuant to the order dtd.30.10.2025, learned Addl. Government Advocate for the State produced the instruction provided by the D.C.P, Headquarters, Bhubaneswar, Cuttack vide letter dtd.06.11.2025. The same be kept in record. 4. The present Writ Petition has been filed by the Petitioners inter alia with the following prayer:- “Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon’ble Court may graciously be pleased to:- (1) direct order the Opp.Party No.3 to declare that the Petitioners are selected as Constable (Civil) in the Odisha Police Commissionerate, Bhubaneswar-Cuttack in the Recruitment Test, 2022 under Ex-servicemen Category; Police Under // 2 // (ii) direct/order the Opp. Party No.4 to give appointment to the Petitioners as Constable (Civil) under Police Commissionerate, Bhubaneswar Cuttack in respect of Recruitment Test, 2022 under Ex-servicemen Category; (iii) pass such other order(s) or issue direction(s) or writ(s) as may be deemed fit and proper in the bona fide interest of justice; And for this act of kindness, the Petitioners as in duty bound shall ever pray.” 5.
Legal Reasoning
It is contended that pursuant to the advertisement issued by the State Selection Board, Orissa Police, Cuttack on 30.12.2022 under Annexure-1, Petitioners being ex-service man, they made their application as against the post in question. 5.1. It is contended that in the advertisement so issued under Annexure-1, out of the 491 post so advertised, 15 posts to the extent of 3% of the vacancies, was required to be filled up from amongst eligible candidates belonging to Ex-Service Man. 5.2. It is contended that in terms of the provisions contained under Rule-4 of the Odisha Civil Service (Reservation of Vacancies for Women in Public Services) Rules, 1994, as against the vacancies meant for Ex- Service Man, there is no provisions for reservation for women candidates. Rule-4 of the Rules reads as follows:- “ 4 (1) The following percentage of vacancies out of the total vacancies arising in a year in Class-II, specially declared gazetted, Class III and Class IV services/posts to which women candidates are eligible to be appointed and which are filled up by way of direct recruitment, shall be reserved for the women candidates. Category (1) Physically Handicap Women (2) 1% Men (3) 2% Total (4) 3% Page 2 of 5 // 3 // ped Sportsman Ex-Servicemen General candidate 0.33% - 18.33% 0.67% 3% 1% 3% 36-67% 55% (2) Notwithstanding anything contained in Sub-rule (1), reservation made in favour of women candidates in excess of 30% of the total vacancies in the Class II, specially declared gazetted, Class III and Class IV services/ posts, shall continue. (3) If in any year, the vacancies reserved for a particular category of women candidates specified under Sub-rule (1) remain unfilled due to non-availability of suitable women candidates belonging to the respective category, the unfilled vacancies shall be filled up by suitable male candidates of the same category : Provided that in case of non-availability of suitable male candidate of that category, the vacancy shall be filled up by women candidate of general category. 5. Relaxation of upper age-limit.- The upper age-limit in respect of the women candidates shall be relaxed by five years over and above the upper age-limit prescribed in the Orissa Civil Service (Fixation of Upper Age-limit) Rules, 1989. 6. The provisions of these rules shall have overriding effect notwithstanding anything contrary in any other recruitment rules” 5.3. Placing reliance on the aforesaid rules, it is contended that since there is no provision for making reservation, for women candidates, on the face of the vacancies available to the extent of 15, 10 candidates belonging to Ex-service Man category were recommended and filled up by keeping reserve 5 posts for women candidates. 5.4. It is contended that since in terms of the aforesaid Rules, no candidates belonging to women category can be selected and recommended against vacancies meant for Ex-Service Man category, action of the authority in filing up 10 posts out of the 15 vacancies available in the said category and by keeping reserve 5 post for women candidate is not sustainable in the eye of law. Accordingly, the Writ Petition was filed with the prayer as indicated hereinabove. Page 3 of 5 // 4 // 5.5. Learned Senior Counsel appearing for the Petitioners accordingly contended that appropriate direction be issued to Opposite Party No.3, to provide appointment to the Petitioners as against those five posts, which were not filled up against the vacancies meant for Ex-Service Man category, as the Petitioners have qualified and coming within the zone of consideration. 7. Mr. M.R. Mohanty, learned Addl. Government Advocate for the State supported the reservation carried out by the Board for women candidates against the vacancies meants for Ex-Service Man. This Court when asked the learned AGA to obtain instruction with regard the provisions contained under Rule-4 of the Rules, the Board represented by the Deputy Commissioner of Police produced the instruction before this Court today. The instruction reads as follows:- in the field. “With reference to the afore mentioned cited subject, it is to intimate that this office was requested to send instructions in the matter which hold reservation of women in ex-serviceman and also verifying the rule governed connection, our observation/instructions in the matter are given below: That, as per G.A. Department Notification No.15791 - 2R / 1-23 / 94-Gen. Dt.23.07.1994, it envisages that there is no scope of reservation meant for women against the vacancies that, inadvertently 1/3rd of the vacancies of ex-serviceman were not filled up by the Selection Board assuming the same were reserved for women. ex-serviceman. It presumes this In of Therefore, Hon’ble Court may kindly be appraised accordingly.” 8. Having heard learned counsel appearing for the Parties and considering the submissions made and the Page 4 of 5 // 5 // provisions contained under Rule-4 of the Rules and the instruction provided to the Court today, this Court is of the view that action of the Board in not filling up all the posts meant for Ex-Service Man category and by keeping reserve five (5) post for women, is not sustainable in the eye of law. 8.1. Therefore, while interfering with such action of the Board, this Court directs Opposite Party No.3 to fill up the vacant five posts in Ex-Service Man category and provide appointment to the Petitioners, if as contended Petitioners have qualified and coming within the zone of consideration. This Court directs Opposite Party No.3 to complete entire exercise within a period of four (4) weeks from the date of receipt of this order. However, it is observed that Petitioners will not claim seniority over the appointees already made in the meantime. 9.
Decision
Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Nov-2025 10:58:17 Page 5 of 5