BIDYADHAR ROUL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE common question that arises for consideration in this batch of writ applications is whether after the process of recruitment for contractual appointment of Multi Purpose Health Worker (Male) (in short 'MPHW(M)') in World Bank supported Malaria Project started or became complete, the Government can deny appointment to the selected candidates by changing eligibility criteria for such appointment and re -issue a further advertisement stipulating new eligibility criteria for the purpose of appointment to such posts.

(2.) THE post of MPHW (M) being a District Cadre Post, the Chief District Medical Officers of the districts are competent to make recruitment for their respective districts in accordance with the norms/guidelines issued by the State Government. W.P.(C) No.6074 of 2011 is taken up as an illustrative case for description of facts and circumstances under which the aforesaid question arises.

(3.) THE Chief District Medical Officer, Mayurbhanj -Opp. Party No.3 has filed a counter affidavit stating that before appointment was given to the Petitioners, the State Government by its letter No.3718/H dated 07.12.2010 (Annexure -A/3) issued revised guidelines for engagement of MPHW (M) specifying that the minimum educational qualification of candidates is Diploma in Pharmacy and therefore, the selection c9mmittee decided to re -advertise the posts, so that candidates possessing qualification as per the revised guidelines could be selected. It is also stated that the advertisement made by the CDMO, Nuapada District was erroneous and, therefore, the Government of Odisha in another letter on 11.01.2011 (AnnexureB/3) addressed to all the CDMOs of the State intimated that the recruitment of MPHW (M) will be made as per the revised guidelines. So far as the engagement of candidates having qualification of Class -X pass in Balasore district is concerned, it is stated - that such engagement was made prior to issuance of revised, guidelines by the Government. It is stated that advertisement under Annexure -1 was cancelled since the select list in pursuance to such advertisement had not been finalised by the Chairman, Selection Committee by the time the revised guidelines under Annexure -A/3 stipulating qualifications of Diploma in Pharmacy was issued.