Orissa High Court
Aditya Ranjan Mishra And Another vs State Of Odisha And Another on 13 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33537 of 2023
Aditya Ranjan Mishra and another .... Petitioners
Mr. Satyabrata Mohanty, Advocate
-versus-
State of Odisha and another .... Opp. Parties
Mr. Saswat Das, A.G.A.
Mr. G.P. Dutta, Advocate for O.P. No.2
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 13.10.2023
W.P.(C) No.33537 of 2023
&
I.A. No.16234 of 2023
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Mr. Satyabrata Mohanty, learned counsel appearing
for the Petitioners; Mr. G.P. Dutta, learned counsel appearing for
the Opposite Party No.2-Odisha State Police Housing & Welfare
Corporation Limited; and Mr. Saswat Das, learned Additional
Government Advocate appearing for the State-Opposite Parties.
3. A preliminary counter affidavit has been filed on behalf of
the Opposite Party No.2 in Court today, which is taken on
record.
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4. Learned counsel for the Petitioners referring to the
judgment of this Court in the case of Pradyumna Kumar Patra
and others v. State of Odisha in W.P.(C) No.15738 of 2022 and
a batch of similar other maters which were disposed of by a
Division Bench of this Court vide a detailed judgment dated
1.5.2023 wherein it has been dealt with an identical issue and,
finally it has been held by the Division Bench that identical
provision contained in Rule-4 of Odisha Engineering Service
(Method of Recruitment and Condition of Service) Amended
Rule, 2012 has been struck down. Relying upon the aforesaid
judgment delivered by the Division Bench of this Court, learned
counsel for the Petitioners submitted that the issue involved in
the present writ petition is almost identical.
5. Learned counsel for the Opposite Party No.2, on the other
hand, contended that the Opposite Party No.2 being a
Corporation has autonomy to decide its own criteria for selection
and appointment of Engineers. Therefore, the judgment of the
Division Bench in Pradyumna Kumar Patra's case (supra) may
not be strictly applicable to the facts of the present case.
Accordingly, this Court is of the considered view that the matter
requires further hearing.
6. As such, list this case in the week commencing 30th
October, 2023 for final hearing.
7. Parties are directed to come prepared along with their note
of arguments.
8. As an interim measure, it is directed that the Petitioners
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shall be allowed to participate in the recruitment process
pursuant to Annexure-2 to the writ petition without insisting on
their GATE Score and by accepting their offline application
form, if the same is submitted latest by Monday (16.10.2023).
Further, it is made clear that the result of such recruitment test in
respect of the Petitioners shall not be published without leave of
this Court.
9. It is made clear that the Petitioners shall not claim any
equity merely on the basis of their participation in the
recruitment test as permitted by this order.
10. Urgent certified copy of this order be granted on proper
application in course of the day.
( A.K. Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 14-Oct-2023 14:47:44
