DUSMANTA KUMAR BEHERA Vs. REGISTRAR, ORISSA HIGH COURT

JUDGEMENT

(1.) The petitioner Dusmanta Kumar Behera has filed this writ application with a prayer to direct the learned District Judge, Malkangiri (opposite party no.2) to issue order of appointment in his favour against unreserved category for the post of Junior Typist.

(2.) The case of the petitioner, in short, is that the opposite party no.2 issued an advertisement on 13.09.2017 to fill up three posts of Junior Typists, one reserved for Scheduled Caste (men) category; one reserved for SEBC (men) category and another was kept as unreserved category. In pursuance of such advertisement, the petitioner applied for that post under SEBC category. He participated in the selection process and performed well and the merit list of all the successful candidates (both general and reserved categories) for those three posts according to the descending order secured was published in which the name of the petitioner was reflected at serial no.2.

(3.) While controverting the averments made in the writ petition, the opposite party no.2 in the counter affidavit has stated that the appointment order was issued in favour of Shri Bivisan Sahu (SEBC Candidate) for the post of Junior Typist basing on the basis of sub-rule (5) of Rule 7 of the Odisha District and Subordinate Courts' Non-Judicial Staff Services (Method of Recruitment and Conditions of Service) Rules, 2008 (hereafter '2008 Rules'). Similarly in accordance with the provisions of 2008 Rules, appointment order was issued in favour of the opposite party no.3 from the separate merit list for unreserved category candidate according to the descending order of total marks secured. Since only one post was vacant for SEBC Category, the petitioner was not issued with the appointment order as he had secured second position in merit list for SEBC category. It is further stated that the appointment process made by the District Judge, Kendrapara is not binding as the appointment of Group 'C' employees including Junior Typists under Malkangiri Judgeship was made in accordance with the prescribed Rules and moreover the contentions in regard to equality suffers from the vice of negative equality.