Orissa High Court
Gariba Kandapani vs State Of Odisha And Others on 5 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9661 of 2023
Gariba Kandapani .... Petitioner
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Arnav Behera, ASC
Mr. P.K. Parhi, D.S.G.I.
along with Ms. J. Sahoo, C.G.C.
(For O.P. Nos.5 & 6)
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 05.04.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. K.C. Sahu, learned counsel appearing for the
Petitioner, Mr. Arnav Behera, learned Additional Standing Counsel
appearing for the State-Opposite Parties and Mr. P.K. Parhi, learned
D.S.G.I. along with Ms. J. Sahoo, learned Central Government Counsel
appearing for the Opposite Parties No.5 and 6. Perused the writ petition
as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the
following prayers:-
"It is therefore humbly prayed that the Hon'ble
Court be graciously pleased to pass following relief(s):
(i) The Hon'ble Court be pleased to Admit the writ
petition and call for the records/documents,
(ii) The Hon'ble Court be pleased to direct the opp.
parties for modification of the impugned eligibility
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criteria of the advertisement under Annexure-3 so
also the impugned letter dated 10.12.2021 under
Annexure-9 relating to allowing the only Diploma
in Pharmacy candidates by declaring the same as
erroneous and void ab-initio in view of the statutory
provisions of Pharmacy Council of India under
Annexure-10, 10/1 & 11 11/1,
(iii) The Hon'ble Court be pleased to further direct Opp.
Parties for allowing the higher qualified B.Pharma
candidates in the recruitment as they are became
automatically eligible in the matter of recruitment
for the post of Pharmacist as per notification dtd.
16.07.2019 under Annexure-10/1 with further
directing the Opp. Party No.4 & 5 to issue the order
of appointment in favour of the petitioner in view of
his selection in the recruitment test so also
verification of his documents made as per
Annexure-6 & 7 as well as keeping in view of the
order of this Hon'ble Court dtd. 28.02.2023 under
Annexure-15 within a time bound period for the
interest of justice."
And may pass any other Writ(s), Direction(s),
Order(s) as this Hon'ble Court may be deemed fit
and proper."
4. At the outset, Mr. K.C. Sahu, learned counsel appearing for the
Petitioner submitted that the issue involved in the present writ petition
was directly and substantially issue in W.P.(C) No.36662 of 2022. The
matter which was involved in the earlier writ petition as well as in the
present writ petition arising out of the same selection procedure and the
self-same advertisement. He further submitted that vide order dated
28.2.2023 passed in W.P.(C) No.36662 of 2022, this Court has already
decided the issue and has finally come to the following conclusion:-
"12. Having heard learned counsel for the respective
parties, considering the rival contentions and further
upon a careful consideration of the materials placed
before this Court, this Court has no hesitation in coming
to a conclusion that the petitioner having B. Pharm
Degree and the same being a higher degree than the
prescribed degree of Diploma in Pharmacy is also
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eligible to be considered for appointment to the post of
Pharmacist as has been decided by the Pharmacy
Council of India. Further such view of this Court gets
support from the judgment of the Hon'ble Supreme
Court in the case of Puneet Sharma vrs. Himachal
Pradesh State Electricity Board Ltd.(supra), this Court
is also of the considered view that Pharmacy Council of
India issued clarification, which is a statutory body so
far Pharmacy course is concerned. The Opposite Parties
should not have taken stand different from the Pharmacy
Council. Accordingly, this Court is of the view that the
letter dated 10.12.2021 under Annexure-10 issued by the
Directorate of Health Services, Odisha, Bhubaneswar
does not depict the correct picture. The letter dated
10.12.2021 under Annexure-10 so far it relates to the
eligibility criteria for appointment to the post of
Pharmacist is hereby quashed and the matter is remitted
back to the Directorate of Health Services, Odisha,
Bhubaneswar-Opposite Party No.2 to consider the
matter afresh in the light of the analysis made
hereinabove. Further, the Superintendent, Saheed
Laxman Naik Medical College and Hospital, Koraput-
Opposite Party No.4 is directed to issue appointment
letter in favour of the petitioner, if the post is not filled
up till date and subject to verification of the name of the
petitioner as has been recommended by the OSSSC for
such appointment."
5. In such view of the matter, this Court is of the considered view
that nothing remains to be adjudicated in the present writ petition.
Therefore, the Petitioner is directed to approach the Opposite Party
No.4 by filing a fresh representation within a period of two weeks from
today and in the event the Petitioner approaches before the Opposite
Party No.4, as has been directed hereinabove, the Opposite Party
No.4 shall do well to consider the case of the Petitioner keeping in
view the principle decided by this Court vide order dated 28.02.2023
passed in W.P.(C) No.36662 of 2022 and in the event Opposite Party
No.4 comes to a conclusion that the Petitioner placed is in the same
footing with the Petitioner in W.P.(C) No.36662 of 2022, then similar
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benefit be also extended to the present Petitioner within a period of
eight weeks from the date of production of authenticated copy of this
order before the Opposite Party No.4. Further, the Opposite Party
No.4 is directed to act upon production of authenticated copy of this
order.
6. With the aforesaid observation and direction, this writ petition
stands disposed of.
( A.K. Mohapatra)
Judge
Debasis
