Orissa High Court
Dr. Bhagirathi Pradhan & vs State Of Odisha And Ors on 2 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 37985 of 2021
Dr. Bhagirathi Pradhan & .... Petitioners
Ors.
Mr. B. Routray,, Sr. Advocate
-Versus -
State of Odisha and Ors. .... Opp. Parties
.
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
02.12.2021
W.P.(C) No. 37985 of 2021
And
I.A. No.17621 of 2021
Order No. This matter is taken up through hybrid mode.
2. Heard Mr. B. Routray, learned Senior Counsel appearing
along with Mr. S.K. Samal, learned counsel for the petitioners.
3. The petitioners, who have been appointed by the State
Government, pursuant to the advertisement issued by the Director
of Medical Education & Training, Odisha vide Annexure-2 dated
16.09.2017, and are continuing as Assistant Professor in different
hospitals, have filed this application seeking direction to the
opposite parties to make necessary corrigendum to the
advertisement no.19/2021-22 under Annexure-5 by giving due
weightage of marks to them for the service rendered by them
against the post of Assistant Professor, as has been given in
previous advertisements under Annexure-7, which was made for
recruitment to the post of Medical Officers (Assistant Surgeon) in
Group-A (Junior Branch) of the Odisha Medical & Health Services
Cadre under Health & Family Welfare Department, and issue
further direction to the opposite parties to fill up the posts of
Assistant Professors in terms of the Odisha Medical Service
(Method of Recruitment and Condition of Service) Rules, 2013
under Annexure-1 keeping in view the judgment passed by the
apex Court in Civil Appeal No. 6157-6158 of 2015 arising out of
SLP(C) No. 17074-17075 of 2015 disposed of on 10.08.2015
under Annexure-8.
4. Mr. B. Routray, learned Senior Counsel appearing for the
petitioners contended that the petitioners having been selected,
pursuant to the notification issued by the Director of Medical
Education & Training, Odisha vide Annexure-2 dated 16.09.2017,
are continuing as Assistant Professor, and, therefore, they are
eligible to be considered for regular recruitment by following due
process of selection, pursuant to advertisement under Annexure-5
in accordance with Odisha Medical Service (Method of
Recruitment and Condition of Service) Rules, 2013, but, now, they
are being debarred from participating in the process of selection
and their experience has not been taken into consideration by
giving weightage to such experience, even though they were
appointed by following due process of selection. It is further
contended that though similar advertisement was issued under
Annexure-7 for the recruitment to the post of Medical Officers
(Assistant Surgeon) in Group-A (Junior Branch) of the Odisha
Medical & Health Services Cadre under Health & Family Welfare
Department incorporating proviso to Clause-6 that additional
weightage of 3% extra marks for each completed year of service
subject to a maximum of 15% of total marks secured to be awarded
to ad hoc and contractual doctors, such benefit has not been
extended to the petitioners in the instant advertisement under
Annexure-5, for which the petitioners have approached this Court
by filing the present writ petition.
5. In the considered opinion of this Court, the matter requires
consideration.
6. Issue notice both in the main case as well as I.A.
7. Two extra copies of the writ petition be served within
three days on learned State Counsel, who accepts notice for the
opposite parties no.1 and 2, in order to enable him to take
instructions and file counter affidavit.
8. Steps for service of notice on opposite party no.3 by speed
post shall be taken within three days. Office shall send notice to the
said opposite party no.3 by fixing a short returnable date.
Call this matter immediately after two weeks.
(Dr. B.R. Sarangi)
Judge
GDS
