STATE OF ORISSA Vs. RABINDRA KUMAR RATH

JUDGEMENT

(1.) Special leave granted.

(2.) In the instant case, a merit list was prepared by the Orissa Public Service commission in 1992. The respondent was at serial no. 34. The number of posts which were available in the general category were stated to be 24. When respondent was not appointed, he filed an application before the administrative tribunal being O. A. No. 498/93. This application was dismissed on merits. One of the contentions which was raised by the respondent which was dealt with by the tribunal was that the posts which had been reserved for scheduled caste and scheduled tribe candidates and which had not been filled should be filled by candidates belonging to the general category. While dismissing the application, the tribunal also noted that in the select list which was prepared, the name of the respondent did not even figure in the reserve list.

(3.) The respondent then filed an application for review and on 17/07/1995, the Orissa Public Service Commission was directed to send the list of 40 selected candidates to the state government. No other relief was granted.