Orissa High Court
Satyabrata Mahapatra vs The State Of Orissa & Ors. .... Opposite ... on 25 June, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15079 of 2013
(In the matter of applications under Articles 226 and 227 of the
Constitution of India, 1950).
Satyabrata Mahapatra .... Petitioner(s)
-versus-
The State of Orissa & Ors. .... Opposite Party (s)
Advocates appeared in the case through Hybrid Mode:
For Petitioner(s) : Mr. Umesh Chandra Mohanty, Adv.
For Opposite Party (s) : Mr. P.K. Mohanty, Sr. Adv.
along with associates
Mr. D.N. Mohapatra, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
DATE OF HEARING:-18.04.2024
DATE OF JUDGMENT: -25.06.2024
W.P.(C) Nos.15079 of 2013
along with
W.P.(C) Nos.15662/ 15078/ 15080/ 15229/ 15230/ 15231/ 15232/
15233/ 15234/ 15422/ 15423/ 15424/ 15661/ 15663/ 15664/ 15665/
15666/ 15667/ 15668/ 15669/ 15798 of 2013
Dr. S.K. Panigrahi, J.
1. Since common question of facts and law are involved in all these Writ
Petitions, the same were heard together and are being disposed of by
this common judgment. However, this Court felt it apposite to deal the
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:15
W.P.(C) No.15079 of 2013 as the leading case for proper adjudication of
the batch of cases.
2. The Petitioner in W.P.(C) No.15079 of 2013 has challenged the arbitrary
and discriminatory actions of the Opposite Parties in debarring the
petitioner to adjudge his suitability for selection and appointment to the
post of Junior Engineer/ Junior Manager (Electrical) pursuant to the
letter No.18400 (28) dated 21.11.12 issued by a Deputy General
Manager, HRD, SOUTHCO, Berhampur.
I. FACTUAL MATRIX OF THE CASE:
3. The brief fact of the case as present by the Petitioner:
(i) The Petitioner passed the HSC Examination in the year 1996 and
acquired the National Trade Certificate from BNM ITC, Hill Patna,
Berhampur, Dist- Ganjam in July, 1998 and completed the course of
training in the trade of Electrician and secured 519 marks out of total
marks of 700 as issued by the State Council for Technical Education and
Vocational Training, Orissa, Bhubaneswar. Thereafter, the National
Council for Vocational Training, Govt. of India, Ministry of Labour has
issued the National Trade Certificate in favour of the petitioner. The
petitioner having been qualified and selected to the post of Junior
Technician, as such he has been appointed as Junior Technician vide
order of appointment Letter No.499(11) dated 27.11.06 under the
Opposite Parties -SOUTHCO.
(ii) The petitioner being an In-service candidate made representation to
Competent authority (SOUTHCO) for production of higher educational
qualification since he is eligible to take admission under lateral entry in
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Date: 25-Jun-2024 17:34:15
the Diploma Course in Electrical Engineering. In fact the petitioner took
admission in J.RN. Rajasthan Vidyapeeth University established under
section3 of UGC Act, 1956 and notified as a Deemed University.
(iii) The Petitioner is continuing as a Lineman-C at Bijipur Electrical Section,
Bijipur under the Berhampur Electrical Division and City Circle,
SOUTHCO, Berhampur. The Corporate Office issued instruction to the
Deputy General Manager, Electrical Circle, Berhampur, Aska, Raigada,
Jeypore and to the Superintendent Engineer, Electrical Circle, Bhanja
Nagar and City Circle, Berhampur and also different Executive
Engineers, Electrical under the SOUTHCO for submission of the
possession of the higher qualification, diploma in Electrical Engineering
by the in-service departmental candidates for consideration of their
candidature for promotion to the post of Junior Engineer /Junior
Manager (Electrical) vide office order No. 18400(28) dated 21.11.12.
(iv) It is submitted that the petitioner is a Departmental candidate having
qualification of Diploma and Electrical Engineering alongwith copies of
certificate in support of Diploma and Electrical Engineering were
recommended by the Executive Engineer (Electrical) B.E. Division-1 to
the Superintendent Engineer, Electrical City Circle, Berhampur and also
to the Deputy General Manager, HRD SOUTHCO vide Office letter
No.5224 dated 29.11.12.
(v) Thereafter, a list of departmental candidates applied for the post of
D.E.T./ Junior Engineer has been prepared by the SOUTHCO and there
are 99 persons including the present petitioner are empanelled in that
respect. Pursuant to the RTI application made by one Sri Sanjaya Kumar
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Date: 25-Jun-2024 17:34:15
Behera the Public Information Officer, Corporate Office, Southco has
issued information vide No.6404 dated 18.5.13 in that respect.
(vi) Though the names of departmental candidates having higher
educational qualification were called for from different electrical circles,
divisions etc. and there are 99 nos. of such candidates who were
empanelled, but the Opposite parties -SOUTHCO adopted a peculiar
method in selecting candidates from the said list by following pick and
choose method and recommended that the candidates were initially be
appointed to the Vigilance Wing, on the plea that in order to strengthen
the Vigilance activities and to improve the revenue collection.
(vii) Furthermore, it is alleged that the authorities have deliberately and
willfully adopted a discriminatory method to the detriment of the
present petitioner and similarly placed persons like him, who have
obtained Diploma Qualification in Electrical Engineering from the JRN
Vidyapeeth University Rajasthan.
(viii) When the aforesaid actions of the Opposite Parties came to the
knowledge of the present petitioner and similarly situated persons like
him, they filed a common representation to the Opposite Parties i.e.
D.G.M., (HRD), SOUTHCO for redressal of their grievances and
empanelment of personnel under vigilance activities so as to appoint
them to the post of E/DET in different division under the Southco,
which is still pending.
(ix) Hence, this Writ Petition.
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:15
II. SUBMISSIONS ON BEHALF OF THE PETITIONER:
4. Learned counsel for the Petitioner earnestly made the following
submissions in support of his contentions.
(i) It is submitted that the JRN Vidyapeeth, Rajasthan is a deemed
University established under section 3 of the UGC Act, 1956 and the
recognition and approval has been made by the distant education
council and Ministry of HRD, Govt. of India. Thus, when the
Institution is a valid institution and competent to issue degree/diploma
qualification in respect of the candidates as per law, the non-acceptance
of such qualifications by the SOUTHCO authorities white giving
similar benefits in respect of other institutions and who have obtained
higher qualification under the similar circumstances in distant mode
purely amounts to favoritism and discrimination and the aforesaid
actions are untenable in law.
(ii) It is submitted that the UGC, in its letter dated 13.11.2007, wrote to the
Vice-Chancellor JRN Vidyapeeth, Rajasthan that when the statutory
Council (D & C) has already conveyed the approval (Ex-post-facto) as
well as Provisional approval for the year 2007-2008, under distance
mode based on the approval of the UGC-AICTE-DEC a joint
committee. Therefore, no separate approval from UGC is required for
the same. Similarly, the subsequent letter dated 8.10.08 ((DEC-IGNOU)
also intimated regarding the provisional recognition for the academic
session for 2007-08 and the regular recognition in respect of the JRN
University is under process.
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(iii) In fact, the Director, IGNOU in its subsequent letter dated 29.3.10 also
clarified that in the 9th joint Committee meeting of UGC- AICTE -DEC,
held on 17.8.2009 regarding territorial jurisdiction for offering
programmes through distance mode, it was decided that the latest
UGC notification would prevail over all previous notifications and
circulars of the DEC. However, the territorial jurisdiction in case of
deemed Universities will be as per UGC, which mandates the prior
approval of the UGC for opening of centres /off campus Centres
outside, the headquarters. Thereafter, the information obtained under
RTI Act, 2005 by one Mr. Sudhansu Sekhar Biswal issued by the Public
Information Officer, IGNOU vide letter dated 20.4.11 that the post-facto
approval to JRN Rajasthan Vidyapeeth deemed University for the
programmes under distance mode till 2005 and provisional recognition
for academic year 2007-08 has been extended till such time an Expert
Committee of UGC -AICTE-DEC visits the University and submits its
recommendations. The DEC given institutional recognition in place of
programme approval for offering programmes through distance mode
to above University.
(iv) DEC has not accorded any separate approval to any specific programme
offered by above University. In the said information it is revealed that
the Gazettee of India notification dated 8.4.1995, wherein it is clarified
that on the recommendations of the Board of Assessment for
Educational qualifications, the Govt. of India, decided that all the
qualifications awarded through Distance Education mode, by the
Signature NotUniversities
Verified established by an Act of parliament or State Legislature,
Digitally Signed
Reason: Authentication
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Date: 25-Jun-2024 17:34:15
Institutions, Deemed to be Universities under Section 3 of the UGC Act,
1956 and institutions of National Importance declared under an Act of
Parliament stand automatically recognized for the purpose of
employment to posts and services under the Central Govt., provided it
has been approved by Distance Education council (DEC).
(v) It is contended that the Govt. of India, Ministry of Human Resources, in
its earlier letter dated 17.2.04 informed the Vice-Chancellor, JRN
Vidyapeeth, on the subject of recognition of courses conducted by
University through Academic Centres/ study centres/Off Campus
Centres that, all Degrees /Diplomas awarded by the Universities
established by an Act of parliaments and State Legislature, Institutions
deemed to be Universities under Section-3 of the UGC Act, 1956 and
Institution of National Importance declared under an Act of
Parliament, stands automatically recognized for the purposes of
employment under the Central Govt. No formal orders recognizing
such degrees /diplomas are necessary to be issued. Similarly, the All
India Council for Technical Education, a statutory Body, Govt. of India
alongwith a members of UGC being the Secretary of the Committee
and the Distance Education Council represented through its Chairman
has issued public Notice on 17.4.07 that it has come to the notice of
UGC, AICTE and DEC that some Universities, institutions Deemed to
be Universities and other Institutions are offering technical Education
programmes in the distance mode without approval of the concerned
statutory council and the aforesaid institutions are cautioned and
Signature Notgiving misleading advertisement shall attract severe action under the
Verified
Digitally Signed
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:15
provisions of applicable under laws, including that of de-recognition
and withdrawal of Institutional approval and the programmes not
approved by the appropriate statutory council in the distance mode
requires approval of the DEC.
(vi) Similar notifications was also issued vide Advertisement No. Legal/01
(02) /2009. The information supplied under RTI Act, 2005 to different
persons by the AICTE dated 20.11.06. 2.12.07, 2.2.11 3.5.11 that
Universities including private Universities established by the State
Legislation do not require prior approval from AICTE for stating
faculties/courses. However Universities, deemed universities including
the universities established by the State Legislature imparting technical
education are required to comply with the norms and standards
prescribed by AICTE form time to time.
(vii) Thus, from the aforesaid letter it is crystal clear and establishes the fact
that the JRN Rajsthan Vidyapeeth, Udaipur, Rajsthan being a deemed
University established under Section 3 of the UGC Act, 1956 having got
the recognition by the UGC, under Distance Education Mode, and
further being approved by the statutory council i.e. Distance Education
Council established under the provisions IGNOU Act, 1985 is a valid
recognized Vidyapeeth and competent to grant certificate/degree with
recognition and approval in the eye of law. The Diploma/ Degree
qualification acquired from the aforesaid Vidyapeeth University is also
a valid Degree in the eye of law and fulfills the criteria for the purposes
of employment under the Central Govt. as well as State Govt. and the
Signature Notsaid Diploma Certificate/Degree is valid in every aspect.
Verified
Digitally Signed
Reason: Authentication
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(viii) It is further submitted that the Ministry of Human Resources,
Development Government of India vide its Notification dated 7.4.2006
also clarified the role and power of AICTE established under the All
India Council for Technical Education Act, 1987 and the UGC
established under the University Grants Commission UGC Act, 1956 so
as to maintain the standards of education in the Institutions notified as
Deemed to be Universities under Section 3 of the UGC Act, is of the
opinion that the exercise of powers vested under section 20(i) of the
UGC Act, 1956 and Section 20(1) of the AICTE Act, 1987 the Central
Govt. direct the UGC and AICTE to publicize the clarifications for the
information of the General public by appropriate means including
through their institutional website.
(ix) In such view of the matter, learned counsel for the Petitioner prays for
allowing this Writ Petition.
III. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTIES :
5. Learned counsel for the Opposite Parties earnestly made the following
submissions in support of his contentions.
(i) In the instant Writ Petition, the Petitioner and 21 others have also filed
separate Writ Petitions, bearing W.P.(C) Nos. 15078, 15080, 15229, 15230,
15231, 15232, 15233, 15234, 15422, 15423, 15424, 15661, 15662, 15663,
15664, 15665, 15666, 15667, 15668, 15669, 15798 of 2013 praying, inter
alia, to consider them as Departmental/in-service candidates for
appointment to the post of JE/DET, taking into consideration their
qualifications of Diploma to have been acquired in distant education
mode
Signature Not from JRR Bidyapitha (Opp. Party No.6) as valid. They have
Verified
Digitally Signed
Reason: Authentication
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Date: 25-Jun-2024 17:34:15
claimed that while continuing as Junior Technicians, obtained such
Diploma qualification, they are entitled to the appointment/promotion
to the post of JE/DET. They have further sought for declaration that pick
and choose method adopted by Southco in respect of some
departmental candidates, the Junior Technicians like them and
empanelling them as personnel for the Vigilance activities as illegal,
arbitrary and violative of Article 14 & 16 of the Constitution.
(ii) In considering the batch of Writ Petitions and some among such,
W.P.(C) No.3524 of 2009 and W.P.(C) No.4202 of 2009, in judgment
dated 22.1.2014, held that such diploma course in engineering through
distant education mode is not at all equivalent to the certificate of
diploma obtained from the University. The same subject matter was
under challenge in the said Writ Petitions and this Court also did not
accept the contention of the Petitioners of the said cases, so far the
diploma course obtained from Opp. Party No.6 through distant mode
from the aforesaid University.
(iii) It is submitted that no selection was made/adopted for the appointment
to the post of Jr. Engineer/ Jr. Manager (Electrical) pursuant to the letter
No.18400 (28) dated 21.12.2012 issued by the DGM (HRD), Southco as
alleged. In the said letter, the departmental non-executive
employees/candidates were allowed only to submit their photo copies
of the certificates possessing the qualification of Diploma in Electrical
Engineering or equivalent from any recognized institution as per
guidelines/ norms of SCVTE/AICTE. As regards the allegation of
engagement of the persons in the Vigilance Cell, it is submitted that in
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order to strengthen vigilance activities and to improve revenue
collection of the Company, the divisional cadre employees were
transferred on deputation basis to that newly set up Vigilance Cell.
(iv) It is submitted that earlier a batch of Writ Petitions were filed before this
Court vide W.P.(C) No.3524/2009 and others by the Jr. Technicians/Jr.
Engineers (Electrical) of three distribution companies i.e, NESCO,
WESCO and SOUTHCO with respect to the validity of Diploma
Certificate issued to the Petitioners by Deemed University claiming to
have been approved by a Joint Committee i.e, UGC-AICTE-DEC
pursuant to the advertisement dated 22.10.2010 published by the
Registered Office, Bhubaneswar on behalf of the aforesaid distribution
companies for filling up the post of Diploma Engineer Trainee/Graduate
Engineer Trainee etc. This Court was pleased to pass an interim order in
Misc. Case No.18873 of 2000 arising out of such W.P.(C) No.3524 of 2009
vide Order No.22 dated 20.1.2011 that "till the next date, the applications
may be received pursuant to the advertisement, but the same shall not be
processed without leave of this Court". The said order of this Court was
passed when the matter of validity of Diploma Certificate by the said
Deemed University was sub-judice. Therefore, no such selections for the
post of Jr. Engineer/Jr. Manager (Electrical) was made by the Opp.
Parties as alleged in the Writ Petition. When vacant post will be filled
up, Recruitment Committee will take decision inviting application and
prescribing the requisite qualification along with criteria.
(v) It is submitted that the Petitioner and other Petitioners of other Writ
Petitions have not taken any permission from the Competent Authority
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to take admission to Diploma in Engineering from J.R.N Rajasthan
Vidyapeeth University, Udaipur, Rajasthan in course of their
employment.
(vi) It is submitted that the D.G.M (HRD), Southco vide his letter No.18400
dated 21.11.2012 has called for from the departmental non-executive
candidates to submit their certificate of possessing the qualification of
diploma in electrical engineering or equivalent from any recognized
Institution as per guidelines/norms of SCVTE/AICTE to ascertain the
higher qualification in such discipline of the departmental candidates
for updating in HR data base of the Company but not for consideration
of their candidature for promotion to the post of Jr.
Engineer/Jr.Manager (Electrical) as alleged.
(vii) It is submitted that the Southco has prepared the empanelled list of non-
executive departmental candidates having higher qualification of
diploma in engineering from the respective institutions after receipt of
such certificates from among the above candidates pursuant to the letter
dated 22.11.2012 of DGM (HRD) for Company's HR data base.
(viii) It is submitted that the SOUTHCO has created New Vigilance Cells
under administrative control of different distribution circles situated at
Berhampur, Aska, Bhanjanagar, Rayagada and Jeypore in order to
strengthen the vigilance activities and to improve revenue collection.
After creation of such Vigilance Cells, some divisional cadre non-
executive technical employees l.e, Jr. Technicians/ Linemen under the
respective circles were transferred on deputation to these Vigilance
Cells for providing the manpower to carry out the day to day technical
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affairs of the above Cells. As such the allegation that the Opp. Parties-
Southco adopted a peculiar method selecting candidates on pick and
choose method and recommending them to be appointed initially to the
Vigilance cell is not correct.
(ix) It is submitted that since no selection was made to the post of Jr.
Engineer/Jr. Manager (Electrical) by the Opp. Parties, the allegation
made in this Para that non acceptance of qualification from the J.R.N
Rajasthan Vidyapeeth University and giving similar benefit of other
Institutions who have obtained higher qualification amounts to
favourtism and discrimination is not correct. At any event such
qualification of J.R.N Rajasthan Vidyapeetha University is not
acceptable as per decision of this Court.
(x) It is contended that at no point of time ever any such option was called
for from the departmental candidates like the Petitioner and others for
appointment on promotion to the post of Junior engineer/DET, the
question of selecting same and ignoring others does not arise inasmuch
as the promotion from such posts to the post of Junior Engineer/DET
which is also not provided under the Service Regulations. If at any point
of time the posts are required to be filled up by following the
procedures of normal recruitment by inviting applications from the
open market having requisite qualifications with prescribed criteria, as
per service Regulation, then only the selection process will start. At
present, in the absence of any recruitment/selection process being
followed, the allegation of showing favoritism by selecting some
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candidates by pick and choose method and posting them in the
Vigilance Wing is not at all correct, rather misconceived.
(xi) Learned counsel for the Opposite Parties, accordingly, prays for
dismissal of this Writ Petition.
IV. COURT'S REASONING AND ANALYSIS:
6. In a batch of Writ Petitions, including W.P.(C) No.3524 of 2009 and
W.P.(C) No.4202 of 2009, the judgment dated January 22, 2014,
established that a diploma course in engineering obtained through
distance education is not equivalent to a diploma obtained from a
university. This was the central issue in the aforementioned writ
petitions, and the court rejected the petitioners' arguments concerning
the diploma obtained from Opposite Party No. 6 through distance
education. The deponent requests permission from the court to present
this judgment during the hearing of the case.
7. No selection or appointment process was undertaken for the post of
Junior Engineer/Junior Manager (Electrical) following the letter No.
18400 (28) dated December 21, 2012, issued by the Deputy General
Manager (HRD) of Southco. The letter allowed departmental non-
executive employees to submit photocopies of their certificates showing
qualifications of a Diploma in Electrical Engineering or equivalent from
any recognized institution that follows the guidelines/norms of the State
Council for Vocational Training and Education (SCVTE) or the All India
Council for Technical Education (AICTE). Regarding the allegation of
engaging
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Opposite Parties that divisional cadre employees were transferred on a
deputation basis to this newly established Vigilance Cells to enhance
vigilance activities and improve the company's revenue collection.
8. Previously, a batch of Writ Petitions, including W.P.(C) No.3524/2009,
was filed by Junior Technicians/Junior Engineers (Electrical) from three
distribution companies--NESCO, WESCO, and SOUTHCO--
challenging the validity of the diploma certificates issued by a deemed
university. The Petitioners claimed these certificates were approved by
a joint committee (UGC-AICTE-DEC) following an advertisement dated
October 22, 2010, issued by the Registered Office in Bhubaneswar on
behalf of these distribution companies for filling up the posts of
Diploma Engineer Trainee/Graduate Engineer Trainee. The court issued
an interim order in Misc. Case No. 18873 of 2000, arising from W.P. (C)
No. 3524 of 2009, stating that applications could be received pursuant to
the advertisement but could not be processed without the court's
permission until the matter of the validity of the diploma certificate was
resolved. Consequently, no selections were made for the post of Junior
Engineer/Junior Manager (Electrical) by the Opposite Parties as alleged
in the writ petition. Future vacant positions will be filled by the
Recruitment Committee, which will invite applications and set the
necessary qualifications and criteria.
9. The Petitioner and other Petitioners in related Writ Petitions did not
obtain permission from the competent authority to enroll in the
Diploma in Engineering course from J.R.N Rajasthan Vidyapeeth
University, Udaipur, Rajasthan, during their employment.
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10. The Deputy General Manager (HRD) of Southco, through letter No.
18400 dated November 21, 2012, requested departmental non-executive
candidates to submit certificates proving they possessed a diploma in
electrical engineering or an equivalent qualification from recognized
institutions compliant with SCVTE/AICTE guidelines. This was
intended to update the company's HR database regarding the higher
qualifications of its employees, not to consider their candidacy for the
promotion to Junior Engineer/Junior Manager (Electrical), as alleged.
11. Southco compiled an empanelled list of non-executive departmental
candidates with higher qualifications in engineering after receiving such
certificates pursuant to the DGM's letter dated November 21, 2012, for
the HR database. Southco also established new Vigilance Cells under
the administrative control of various distribution circles Berhampur,
Aska, Bhanjanagar, Rayagada, and Jeyporeto enhance vigilance
activities and revenue collection. Some non-executive technical
employees, such as Junior Technicians and Linemen, from these circles
were transferred on deputation to the Vigilance Cells to manage its
technical operations. Therefore, the allegation that Southco adopted a
peculiar method of selecting candidates on a pick-and-choose basis for
appointment to the Vigilance Cell is wholly incorrect.
12. Since no selections were made for the post of Junior Engineer/Junior
Manager (Electrical) by the Opposite Parties, the allegations of
favoritism and discrimination due to non-acceptance of qualifications
from J.R.N Rajasthan Vidyapeeth University while granting similar
benefits to others are unfounded. The qualification from J.R.N Rajasthan
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Vidyapeeth University is not acceptable as per the Court's decision.
However, the genuineness or otherwise of the said certificate is not the
issue for consideration in this case.
13. At no time, the departmental candidates including the petitioner were
invited to apply for promotion to the post of Junior Engineer/DET.
Thus, the question of selecting and ignoring certain candidates does not
arise, especially since promotions to Junior Engineer/DET from such
posts are not provided under the Service Regulations. If positions need
to be filled, the recruitment process will follow standard procedures,
inviting applications from the open market with the required
qualifications and prescribed criteria according to service regulations. In
the absence of any recruitment or selection process, allegations of
favoritism by selecting some candidates on a pick-and-choose basis and
posting them in the Vigilance Wing are incorrect and misconceived.
14. In view of the aforesaid discussion, this Court is not inclined to
entertain the prayer of the Petitioner.
15. The W.P.(C) No.15079 of 2013 is dismissed.
16. Accordingly, all the above mentioned connected Writ Petitions are
dismissed.
17. Interim order, if any, passed earlier in any of the Writ Petitions stands
vacated.
(Dr. S.K. Panigrahi)
Judge
Orissa High Court, Cuttack,
Dated the 25th June, 2024/
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:15
