Priti Piyusha Das And Others vs State Of Odisha And Ors
2021 Latest Caselaw 11933 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             WP(C) No. 36287 of 2021

            Priti Piyusha Das and others         ....                                Petitioner
                                                                Mr. G.R. Sethi, Advocate
                                                 -Versus -
            State of Odisha and Ors.             ....                          Opp. Parties
                                                                                        .
                                                                            State Counsel


                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                        ORDER

22.11.2021

Order No. This matter is taken up through hybrid mode. 02 2. Heard learned counsel for the parties.

3. The petitioners have filed this writ petition seeking direction to the opposite parties to consider the case of the petitioners, who are member of scheduled caste community, for promotion to the cadre of OTAS-II against UR vacancy, within a stipulated time, which is sought to be held as per the letter under Annexure-2.

4. In course of hearing, learned counsel for the petitioners states that petitioners may be permitted to file a fresh representation before the opposite party no.1 highlighting their grievance, and direction may be given to consider the case of the petitioner for promotion to the post of OTAS-II in the DPC, which is sought to be held as per the letter under Annexure-2,

keeping in view the judgment of the apex Court in Saurav Yadav and Ors. v. State of Uttar Pradesh and Ors., AIR 2021 SC 233 : (2021) 4 SCC 542 and in the case of P.K. Shawarlal v. State of Punjab and others, AIR 1995 SC 1371.

5. Considering the facts and circumstances of this case, the writ petition stands disposed of with the direction that in case the petitionerS file a fresh comprehensive representation before the opposite party no.1 within seven days hence, the said opposite party shall consider the case of the petitioners for promotion to the post of OTAS-II in the DPC, which is sought to be held as per the letter under Annexure-2, keeping in view the judgments of the apex Court in Saurav Yadav and Ors. v. State of Uttar Pradesh and Ors., AIR 2021 SC 233 : (2021) 4 SCC 542 and P.K. Shawarlal v. State of Punjab and others, AIR 1995 SC 1371, wherein it has been categorically held that if the reserved candidate qualifies on merit he can be considered against UR vacancy, and dispose of the same by passing a reasoned and speaking order as expeditiously as possible, preferably within a period of four months from the date of receipt of such representation along with the certified copy of this order.

Issue urgent certified copy as per rules.

Arun                                               (Dr. B.R. Sarangi)
                                                        Judge