STATE OF ORISSA Vs. BHIKARI CHARAN KHUNTIA

JUDGEMENT

(1.) Leave granted.

(2.) Since by common judgment learned single Judge of the Orissa High Court disposed of three writ petitions (O.J.C. Nos. 14221 of 1996, 458 of 1997 and 4091 of 1997), impugned in these appeals, the present judgment shall govern each one of them.

(3.) Factual position, almost undisputed, is as follows : Respondents filed writ petitions before the Orissa High Court taking the stand that their names were sponsored by the concerned employment exchanges. When requisitions were sent to them by competent functionaries of the State their names were sponsored. The requisition indicated that 150 posts of Junior Assistants were to be filled up by direct recruitment in the cadre of Local Fund Service for appointment in different Municipalities / Notified Area Councils (for short N. A. Cs.). The pro forma attached to the requisition letter in question indicated the types of workers required as Junior Assistants in the cadre of local Fund Service and the minimum qualifications for the post was H. S. C. It was also indicated in the requisition that preference will be given to those who have passed Local Self Government Diploma Examination. Writ petitioners by writ applications under Article 226 of the Constitution of India. 1950 (in short the Constitution) made grievance before the High Court that though their names were sponsored by the employment exchanges, no interview was conducted and no action was taken to fill up the posts. Prayers in the writ petitions were as follows :