AKSHAYA KUMAR SWAIN Vs. ORISSA LEGISLATIVE ASSEMBLY, REPRESENTED

JUDGEMENT

(1.) ALL the three writ petitions relate to selection of candidates for appointment to the post of Watch and Ward in the Orissa Legislative Assembly. W.P.(C) No.7753 of 2009 and W.P.(C) No.3229 of 2004 have been filed by the unsuccessful candidates challenging the selection whereas W.P.(C) No.4744 of 2009 has been filed by the successful candidates praying for issuance of appointment letters.

(2.) THE Orissa Legislative Assembly Secretariat issued an advertisement inviting applications for appointment to different posts including three posts of Watch and Ward. Out of the said three posts meant for Watch and Ward, one was for unreserved male candidate, one for SESC male candidate and one for SESC woman candidate. In pursuance of the said advertisement, the petitioners in all the three writ petitions and others submitted their applications for such appointment. A written test was conducted and the selected candidates were also subjected to a viva voce test. In relation to selection of candidates to different posts as advertised, there were serious allegations of favouritism covered by Media for which the Hon'ble Speaker of the Assembly appointed a retired Hon'ble Judge of this Court as Commission of Enquiry in exercise of powers conferred under Section 3, Sub -section (1) of Section 5 of the Commission of Enquiry Act, 1952 and a notification was issued in the gazette. On the basis of an opinion given by the Advocate General questioning the legality of the aforesaid notification, the State Government in exercise of the same power appointed Hon'ble Shri Justice ChittaRanjan Pal, a retired Judge of this Court as Commission of Enquiry, with effect from 22.7.2004 to enquire into and report. The said decision of the State Government was notified and published in the extraordinary gazette dated 15.9.2004. Some of the unsuccessful candidates including the petitioners sent affidavits to the Commission for necessary verification/scrutiny of all the Examination records relating to appointment to the posts of Receptionist Clerk, Watch and Ward. When the matter stood thus, the Hon'ble Speaker filed W.P.(C) No.905 of 2007 questioning the jurisdiction of the State Government in appointing a Commission of Enquiry to enquire into the affairs of the Orissa Legislative Assembly and prayed for quashing the order dated 10.1.2007 passed by the Commission to the effect that the allegation of favouritism shall be decided in the final report. The aforesaid writ petition was allowed by this Court holding that the notification dated 15.9.2004 appointing the Commission with retrospective effect from 22.7.2004 is illegal. The unsuccessful petitioners, therefore, had no other option except filing the above two writ petitions.

(3.) SO far as the first ground is concerned, the learned counsel appearing for the petitioners in the above two writ petitions drew attention of the Court to the Orissa Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1983 and referring to Rule 10, if was submitted by the learned counsel for the petitioners in the said two writ petitions that under the said Rule, the Speaker shall constitute a Selection Committee to advise Secretary in the matter of appointment to be made to the Class III and Class IV posts of the service by direct recruitment and by promotion. The Committee shall consist of more than one senior Officer of the Secretariat, other than the Secretary. Rule 10 of the aforesaid Rules is quoted below for convenience: