AMARJIT KESHARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL these writ petitioners relate to recruitment to the Orissa Judicial Service, Class II. While the first two writ petitions relate to the selection conducted pursuant to a notice dated 10.8.1999, O. J. C. No. 6210 of 2001 seeks a declaration of Orissa Judicial Service Rules, 1994 (hereinafter referred to as the 'Rules') as ultra vires and seeks the issuance of a direction to the State to frame a fresh set of Rules essentially entrusting the recruitment to the High Court by keeping out the Orissa Public Service Commission or minimising its role. The prayer in OJC No. 1313 of 2002 is for the issue of a writ of mandamus directing the opposite parties to commence the recruitment process for filling up the vacancies in the Orissa Judicial Service, Class -II.

(2.) ON commencing the process of recruitment, the written examinations were held in different centres at Cuttack. There existed 85. vacancies and pursuant to Advertisement No. 10 of 1999 -2000, 1475 candidates applied. Out of them, 1417 applications were found to be valid and those persons who were found to be qualified were admitted for the written examinations to be conducted from 16.7.2000 to 19.7.2000. Out of 1417 candidates admitted for the written examinations, only 788 candidates took the examinations. The process of valuation was taken up and the general candidate's who obtained 45% marks and above were called for a viva voce test. In respect of Scheduled Caste and Scheduled Tribe candidates the minimum qualifying mark was 40%. As per Rule 17 of the Rules, a total of 38 candidates were called for the viva vocetest. That test was held from 1st to 3rd February, 2001. The viva voce test was held by a committeeof three, one of whom was a sitting Judge of the High Court, another the Chairman of the Public Service Commission and the third, a member of the Public Service Commission. The final select list was drawn, published and sent to the Government on 5.2.2001.

(3.) THE Orissa Judicial Service Rules, 1994, was amended by notification S.R.O. No. 323/98 dated 14.7.1998. There was no significant amendment to Rule 18 of the Rules and there was no change in the composition of the Committee to hold viva voce test. During the course of hearing, it was suggested by the Senior Counsel appearing for the petitioner that the process of recruitment may be taken over by the High Court, and that trouble arises when the Orissa Public Service Commission is entrusted with the conduct of examinations including the viva voce test and even though there is a provision that the Chief Examiner should be appointed after consultation with the Chief justice, what normally happens is that the failings of the ones available, are not always brought to the notice of the Chief Justice or highlighted. This resulted in appointment of examiners not always desirable and this should be eliminated so as to ensure fairness in the selection process. It was also submitted that the Chairman of the Public Service Commission and a Member thereof sitting with him could over -rule a Judge of the High Court, who was the nominee of the Chief Justice in the Committee for conducting the viva voce test and this also results in unfairness in selection since a Judge of the High Court concerned with the Judiciary was obviously the more qualified person to identify the more suitable among the candidates.