NATABAR SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the writ petitions arise out of the order of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1745 (C) of 1998. Out of eleven applicants before the Tribunal, nine have filed W.P.(C) No.10117 of 2009 and the rest two have filed W.P.(C) No.10214 of 2009.

(2.) FACTS leading to filing of the Original Application before the Tribunal are necessary to be dealt with before the actual dispute raised by the learned counsel for both the parties is addressed. An advertisement was issued on 4.6.1992 for selection of candidates to be appointed as Sepoy as against 48 vacancies. The selection tests were held from 23.7.1992 to 2.8.1992. In pursuance of the said tests, 225 candidates were placed in the select list in order of merit. The said select list was exhausted on 31.10.1992 as all the selected candidates except six belonging to Scheduled Caste category were appointed. Since further vacancies were available, the Commandant, 6th Btn. of OSAP by letter dated 7.1.1993 informed the D.I.G., OSAP, Orissa for filling up the vacant posts of Sepoys. The D.I.G., OSAP in turn by letter dated 15.1.1993 directed for preparation of further list of 200 candidates out of those who had appeared in the recruitment test held in July/August, 1992 for filling up the vacancies. In compliance of the said direction of the D.I.G., OSAP, a second list containing the names of 280 candidates was prepared in order of merit. In February, 1993, the I.G. of police directed the Commandant to fill up the vacancies of Sepoys from the list of 280 candidates included in the second select list strictly according to merit. The Commandant in compliance of the direction of I.G. of Police by order dated 30.3.1993 issued appointment letters to sixteen candidates out of 280 candidates from out of the second select list. Challenging the said action of the Commandant, O.A. No. 2252 of 1992 was filed before the Tribunal. The said O.A. was disposed of on 2.12.1995 and the following directions were issued to the Commandant, 6th Battalion:

(3.) SHRI Dhuliram Pattnaik and Ms. S. Pattnaik, learned counsel appearing for the petitioners in both the writ petitions submitted that in the Police Order No. 286 of 1989, it was prescribed that for the purpose of recruitment to the post of Constable/Sepoy, a candidate has to run 1.6 kilometers in eight minutes and all the petitioners were declared qualified in running. By the time they were directed to go through the physical test again in 1997 in pursuance of the order of the Hon'ble Supreme Court, five years had passed and, therefore, the standard should have also been relaxed accordingly so far as petitioners are concerned. Unfortunately in the modified Police Order No. 297 of 1996, it was prescribed that candidates seeking for appointment to the said posts have to run 1.6 kilometers within a maximum period of six minutes. The petitioners because of their age were not expected to run 1.6 kilometers within six minutes in the year 1997 which they could do in the year 1992. It was also contended by the learned counsel for the petitioners that the opposite parties are not sure as to which Police Order they have followed at the time of selection. Reference was made by the learned counsel for the petitioners to the Police Order No. 297 of 1996 attached to the counter affidavit filed before the Tribunal by the opposite parties and submitted that the said Police Order No. prescribes the following