Prashanna Kumar Parida vs State Of Odisha & Ors
2021 Latest Caselaw 11510 Ori

                                      1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                   W.P.(C) No.33355 OF 2021

Prashanna Kumar Parida                     .....                  Petitioners

                                                    Mr. M.R. Mohanty, Sr.
                                                  Advocate along with Mrs.
                                                     S. Mohanty, Advocate
                                   Vs.
State of Odisha & Ors.                     .....            Opposite parties

                                                      Mr. A.K. Sharma, AGA


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                           ORDER

10.11.2021

Order No. The matter is taken up through hybrid mode.

2. Heard Mr. M.R. Mohanty, learned Senior Counsel appearing along with Mrs. S. Mohanty, learned counsel for the petitioners.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to fill up all the vacant posts in the rank of Asst. Sub-Inspector of Police in terms of the conditions fixed under Rule 660 of the Police Rules (framed under the Police Act, 1861) and not under the new Govt. Order dated 15.10.2020.

4. Mr. M.R. Mohanty, learned Senior Counsel appearing for the petitioners contended that opposite party no.1 has declared the qualifying mark fixing at 40% to pass in the Departmental Written Examination for obtaining training for A.S.I. of Police held on 06.12.2020 in the select list, which has been modified on

22.12.2020. It is contended that as per existing Rule-660 of the Orissa Police Manual Rules, 30% of marks has been fixed as the qualifying marks for such Departmental Written Examination. Since the petitioners have secured 30 % marks, they should be allowed to go for ASI training. It is contended that this Court has already held in W.P.(C) No.863 of 2021 (Ganesh Kumar Raulo v. State of Odisha) vide judgment dated 09.09.2021 that the validity of the list published on 14.12.2020, as modified on 22.12.2020, shall continue for a period of one year or till the said list is exhausted by sending the selected candidates for ASI training for promotion in terms of PMR 660 not by Order, 2020, which has come into force only w.e.f. 27.07.2021 and as such, the same has got prospective effect. Thereby, this Court directed that the validity of the list, which was published on 14.12.2020, as modified on 22.12.2020, cannot be lapsed by 31.12.2020 and the same shall be implemented in terms of PMR-660, which is applicable to the petitioners. Therefore, it is contended that the petitioners name should be included in the said list on the basis of PMR-660.

5. Issue notice to the opposite parties.

6. Three extra copies of the writ petition be served within three days on learned Additional Government Advocate, as he appears for opposite parties no.1 to 3 to enable him to obtain instructions or file counter affidavit.

Alok DR. B.R. SARANGI, J.