The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37271 of 2023 Jyoti Ranjan Panda & others …. Petitioners State of Odisha & others …. Opp. Parties Mr. B. Routray, Sr. Advocate -versus-
Legal Reasoning
Mr. N.K. Praharaj, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 22.11.2023 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioners as well as learned Additional Government Advocate for the State-Opposite Party. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioners with the following prayers: “It is therefore, most humbly prayed that this Hon’ble Admit the writ application. Court be graciously pleased to i) ii) Call for the record. iii) Issue rule NISI calling upon the Opp. Parties to show cause as to why the advertisement dated 20.10.2023 under Annexure-8 shall not be modified by way of corrigendum allowing reservation for the candidates of +2 Vocational Course for recruitment to the post of Livestock Inspector. iv) And if the Opp.parties fails to show cause or show insufficient cause, issue a writ in the nature of // 2 // certiorari or any other writ/ writs, direction/ directions by directing the opposite parties to make necessary corrigendum to the advertisement dated 20.10.2023 under Annexure-8 by reserving adequate number of posts of Livestock Inspector for the candidates those who have passed +2 Vocational Course as has been done in the case of Diploma in Agro Polytechnic (Fisheries Science) for the post of Junior Fisheries technical Assistant. Issue a writ in the nature of mandamus or any other writ/writs direction/ direction directing the opposite parties to take a decision by constitute a committee to be priority to the candidates those who have qualified +2 Vocational Course and certain percentage of posts be kept reserve for them while filling up Livestock Inspector (LI) and accordingly they may be selected as against the said post pursuant to the advertisement dtd.20.10.2023 under Annexure-8 v) vi) And till such reservation is made the advertisement dated 20.10.2023 under Annexure-8 may not be given effect to. vii) And/or pass order/orders, direction/directions as this Hon’ble Court deems fit and proper for the ends of justice.” other any 4. Mr. Routray, learned Senior Counsel appearing for the Petitioners at the outset submitted that the petitioners in the writ application have a very short grievance. He further contended that the present Petitioners who are all passed +2 Vocational posts in Diary Farming have applied for appointment as Live Stock Inspector pursuant to the advertisement under Annexure-8 to the writ application. Since the +2 Vocational posts which have not been included in the advertisement, learned Senior counsel for the petitioner expressed his apprehension the case of the petitioners may not be considered for appointment as Livestock Inspector and may not be given due weightage as has been given to similarly situated // 3 // other candidates in respect of other departments. In course of his argument, learned Senior Counsel referring to the fresh note under Annexure-11 to the additional affidavit submitted before this Court that a decision has been taken by the Cabinet to allow 25 % for +2 Vocational (Fisheries) by amending the Rules i.e. Odisha Subordinate Fisheries Service (Recruitment and Conditions of Service) Amendment Rules, 2023. As a result of the aforesaid cabinet decision and subsequent amendment persons which is stated to be under process, the candidates who have passed +2 Vocational Posts (Fisheries) to get an opportunity to get the weightage and accordingly they will be given opportunity of appointment as Livestock Inspector. So far, the present Petitioners are concerned it is stated that although they have done +2 Vocational course in Diary Farming they will not get such advantage in respect of Animal Husbandry department. In the aforesaid backdrop, learned Senior counsel for the Petitioner submitted that such conduct of the Government is highly discriminatory and arbitrary. 5. Learned Additional Government Advocate on the other hand contended that no doubt a decision has been taken by the cabinet to fix a certain percentage +2 Vocational (Fisheries) by amending the Rules of the year 2013, however, such rules has not been amended as of now. He further contended that the amendment accrued by the Cabinet applies to the +2 Vocational Fisheries candidates and not to the present petitioners. In such view of the matter, learned Additional Government Advocate made an attempt to draw a distinction between the +2 Vocational candidates belonging to the Fisheries Discipline and Diary Farming. Accordingly, it was submitted that the // 4 // present writ application is devoid of merit and accordingly the same should be dismissed. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as materials on record, this Court is of the considered view that candidates who have undergone the post of +2 Vocational (Fisheries) and +2 Vocational Diary Farming stand in a similar footing. Therefore, the discrimination that has been drawn by giving weightage to the +2 Vocational (Fisheries) candidates is an artificial one and the same creates a class within the same class without any annexed with the sought to be achieved thereby. In such view of the matter, this Court is of the considered view that in the event the case of Petitioners is not considered in terms of the cabinet decision the same would violate, underlying principle of Article 14 of the Constitution of India. Accordingly, this Court is of the considered view that the case of the petitioners be considered by the competent authority i.e. Opposite Party Nos.1 & 2 by taking into consideration the decision of the cabinet under Annexure-11 to the additional affidavit before the recruitment process be finalized. In view of the aforesaid analysis, this Court deems it proper to dispose of the writ application at the stage of admission granting liberty to the petitioner to approach the Opposite Party Nos.1 & 2 by filing a detailed grievance petition taking therein all the grounds along with all supporting documents within a period of two weeks from today. If such a petition is filed within the time stipulated, the Opposite Party Nos.1 & 2 shall do well and consider the case of the Petitioners in the light of aforesaid discussion and dispose of the grievance petition by // 5 // passing a speaking and reasoned order within a period of four weeks from the date of receipt of a copy of such grievance petition. The decision so taken on the same shall be communicated to the Petitioners within a period of two weeks thereafter. 7. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Anil ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Nov-2023 10:54:04