Pratima Sunani And Another vs State Of Odisha And Others
2023 Latest Caselaw 7767 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                 W.P.(C) No.21297 of 2023

                 Pratima Sunani and another                ....             Petitioners

                                                         Mr. B. Satapathy, Advocate
                                              -versus-
                 State of Odisha and others                ....           Opp. Parties

                                                                Mr. A.Pr. Das. A.S.C.
                                         CORAM:

                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              18.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the petitioners as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioners with the following prayers:

"Under the aforesaid facts and circumstances, it is therefore humbly prayed that this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties, call for the relevant records and after hearing the Counsel for the Parties, issue a Writ in the nature of mandamus or any other appropriate writ quashing the impugned order dtd.07.06.2023 under Annexure-1(a) &

(b) commanding the Opp. Parties to give appointment to the Petitioners as Constables in respect of Government Railway Police (GRP), Cuttack forthwith declaring the petitioners qualified in the recruitment for the post of Constables pursuant to Advertisement No.02/SSB dated // 2 //

30.12.2022.

And/or pass such other order/direction as deems fit and proper in the interest of justice."

4. Learned counsel for the petitioners submitted that challenging the rejection of the candidatures of the petitioners, the petitioners had approached this Court by filing a writ petition bearing W.P.(C) No.16026 of 2023, which was disposed by this Court vide order dated 18.05.2023 by directing the Opposite Party No.2 to consider the case of the petitioners afresh keeping in view the law laid down by the Hon'ble Supreme Court in the case of Union of India and others vrs. Pratilata Nanda : 2020 (II) SCC 674 after quashing of the impugned order dated 27.04.2023 under Annexure-1 to the previous writ application.

5. Learned counsel for the petitioners further contended that after disposal of the previous writ application, the petitioners approached before the Opposite Party No.2 along with certified copy of the order passed in the previous writ application. However, the Opposite Party No.2 again rejected the case of the petitioners on the ground that the Employment Exchange Cards were invalid at the time of submission of application. He further contended that despite specific direction of this Court to consider the case of the petitioners in the light of the law laid down by the Hon'ble Supreme Court in the case of Union of India and others vrs. Pratilata Nanda(supra), the Opposite Parties have not taken note of the case of Union of India and others vrs. Pratilata Nanda(supra) while disposing of the case of the petitioners vide order dated 07.06.2023 under Annexure-1(a) and (b) to the present writ application. Therefore, it was alleged by learned counsel for the petitioners that the impugned rejection order // 3 //

is bad in law and violation of the direction of this Court's order dated 18.05.2023.

6. Learned counsel for the State, on the other hand, contended that the process under Annexure-1(a) and 1(b) clearly reveals that the case of the petitioners was re-examined pursuant to the order dated 18.05.2023 passed in W.P.(C) No.16026 of 2023. He further contended that the case of the petitioners have been considered afresh and disposed of by passing a speaking and reasoned order under Annexure-1(a) and 1(b) to the present writ application.

7. Learned counsel for the State also contended that since the petitioners were not eligible to participate in the recruitment process in view of the Odisha Police Service (Method of Recruitment and Conditions of Service of Constables) Order, 2021, their applications have been rightly rejected by the Opposite Parties. Therefore, it was contended by learned counsel for the State that the Opposite Parties have not committed any illegality in rejecting the candidature of the petitioners on the ground that their applications were invalid.

8. On a careful examination of the order passed by this Court in the earlier writ application under Annexure-11 to the present writ application and the impugned order dated 07.06.2023 under Annexure-1(a) and 1(b) to the present writ application, this Court observes that in the earlier writ application, the petitioners had approached this Court challenging the order of rejection on identical grounds, this Court after careful examination of the facts disposed of the case with the following directions:-

"7. Further, this Court on perusal of the order dated 27.04.2023 under Annexure-1 series is of the view // 4 //

that the Opposite Party No.2 has not completely misunderstood the law laid down by the Hon'ble Supreme Court in the case of Union of India and other vrs. Pritilata Nanda(supra) and accordingly, arrived at wrong conclusion. In such view of the matter, the order 27.04.2023 passed under Annexure-1 series is unsustainable in law and the same is quashed. Further, the matter is remitted back to the Opposite Party No.2 to reconsider the case of the petitioners keeping in view the order passed by this Court earlier within a period of four weeks from the date of communication of certified copy of this order."

Therefore, it is clear from the aforesaid order that the Opposite Parties were directed to consider the case of the petitioners in the light of the law laid down in the case of Union of India and other vrs. Pritilata Nanda(supra). However a close scrutiny of the impugned rejection order under Annexure-1(a) and 1(b), this Court finds nowhere in the said impugned order the judgment Union of India and other vrs. Pritilata Nanda(supra) has been referred or discussed therein.

9. On the contrary, the Opposite Parties have taken a decision by referring to the relevant Order, 2021. Therefore, this Court is of the considered view that the impugned order under Annexure-1(a) and 1(b) is unsustainable in law and as such required to be quashed for violation of direction issued by this Court in the earlier round of litigation.

10. In view of the aforesaid analysis of facts, on careful consideration of the facts of the case as well as submissions made by // 5 //

the respective parties, this Court has no hesitation in setting aside the impugned order under Annexure-1(a) and 1(b) dated 07.06.2023 passed by the ADGP-cum-Chairman, State Selection Board, Odisha Police, Cuttack. Accordingly, the same is hereby set aside. Further, the matter is remanded back to the Opposite Party No.2 to consider the case of the petitioners afresh in the light of the order/direction given to the Opposite Parties vide order dated 18.05.2023 passed in W.P.(C) No.16026 of 2023 keeping in view the law laid down by the Hon'ble Supreme Court in the case of Union of India and other vrs. Pritilata Nanda : 2020 (II) SCC 674. Accordingly, the petitioners are directed to approach the Opposite Party No.2 along with certified copy of this order within a period of one week from today. In the event the order is duly communicated by the petitioners, the Opposite Party No.2 shall do well to consider case of the petitioners afresh in the light of the direction given hereinabove within a period of four weeks from the date of communication of this order. Decision so taken be communicated to the petitioners within a week thereafter.

11. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application in course of the day.

( A.K. Mohapatra) Judge Signature Not Verified Jagabandhu Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 19-Jul-2023 19:01:49