Dr. Nihar Ranjan Biswal vs State Of Odisha And Others
2021 Latest Caselaw 12189 Ori

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No. 37161 of 2021
                                 And
                        I.A. No. 17230 of 2021

Dr. Nihar Ranjan Biswal              .....                       Petitioner
                                              M/s S.K. Das and associates,
                                                                Advocate
                                   Vs.
State of Odisha and others           .....                   Opposite parties



              CORAM:
                 DR. JUSTICE B.R. SARANGI
                                        ORDER

26.11.2021

Order No. This matter is taken up by hybrid mode.

2. Heard Mr. S.K. Das, learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking to quash the stipulation made in clause-4 and 6 of the advertisement no.20 of 2021-22 dated 10.11.2021 under Annexure-11 and to issue direction to the opposite parties to hold the recruitment to the post of Assistant Professor in Neurology on the basis of the qualification and eligible criteria prescribed in the OMES Rule, 2009 and 2013 in order to enable the petitioner to apply and participate in the selection process.

4. Mr. S.K. Das, learned counsel for the petitioner contended that pursuant to the advertisement no.20 of 2021- 22, three posts of Assistant Professor, Neurology is going to be filled up, out of which one post relates to the vacancy of the year 2009, one post relates to the year 2013 and rest one

relates to vacancy of the year 2021. Therefore, as per the judgment of the apex Court in Annexure-5, the posts have to be filled up on the basis of the rules governing the field when the vacancy occurs. Thereby, one post has to be filled up on the basis of 2009 Rules, one post on the basis of 2013 Rules and rest one on the basis of 2021 Rules. But the advertisement contemplates that all the three posts are to be filled up by OMES Rules, 2021, which is contrary to the judgment of the apex Court under Annexure-5.

5. Issue notice to the opposite parties in the main case as well as in the interlocutory application.

6. Two extra copies of the writ petition be served on learned State Counsel appearing for opposite parties no.1 and 2 within three days enabling him to obtain instructions or file counter affidavit.

7. Steps for service of notice on opposite party no.3 by speed post be taken within three days. Office shall send notice to the said opposite party fixing an early returnable date.

Ashok (Dr. B.R. Sarangi) Judge