SANTOSH KUMAR NANDA Vs. ORISSA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD Sri S.S. Rao, learned counsel for the petitioner and Sri H.S. Mishra, learned counsel for the O.P.S.C.

(2.) ADMITTEDLY , the petitioner passed 3 - years LL.B. course from Utkal University in the year 1996 and according to the prevailing practice, he enrolled himself as a trainee from 10th October, 1996. After completion of the training, he enrolled as an advocate on 30th September, 1997 and continuing as practising advocate from the said date. These facts go uncontroverted by all the authorities. An advertisement bearing No. 10/99 -2000 was issued by the Orissa Public Service Commission inviting applications to take part in the competitive examination conducted by the Orissa Public Service Commission under the provisions of the Orissa Judicial Service Rules, 1994 for recruitment to Orissa Judicial Service (Class -II) posts. Clause -5 of the said advertisement specifically provided that a candidate is to be an advocate having practice at Bar for atleast 3 years as on the last date fixed for receiving application. The application filed by the petitioner was rejected by the O.P.S.C. solely on the ground that he was enrolled as an advocate on 30th September, 1997 and thus has not completed 3 years as on 11.10.1999. Being aggrieved by the said order of rejection, the petitioner has approached the portals of this Court.

(3.) RELYING upon the said communication, the Orissa State Bar Council had intimated the Secretary of the Orissa Public Service Commission by letter dated 3.9.1999 that in consonance with the judgment of the Supreme Court pre -enrolment training has been abolished and the date of joining of a candidate for pre -enrolment training is being treated as date of joining at bar as advocate.