DIPALI CHAND Vs. CHAIRMAN, OPSC

JUDGEMENT

(1.) THESE two writ petitions were listed for hearing together in view of the direction of the Supreme Court dated 20.11.2003 in C.A. Nos. 5986, 5987 and 5985 of 1998. The Hon'ble Supreme Court remanded the matter to this Court for fresh decision on merits after giving an opportunity to the writ petitioners to implead all necessary parties in the writ petition. Though the matter was heard by a Division Bench of this Court and after conclusion of the hearing, the matter was reserved for judgment on 24.9.2008, subsequently that Bench released the matter in the year 2010 and thereafter these matters were listed before this Bench for hearing.

(2.) THE first writ petition being O.J.C. No.13687/1997 has been filed by the petitioner (hereinafter called 'the first petitioner'), who is claiming to be a Women S.E.B.C. candidate submitted her application pursuant to Advertisement No.5 of 1996 -97 published by the Orissa Public Service Commission (OPSC) for filling up the post of Temporary Munsif (Emergency Recruitment) in Class -II of Orissa Judicial Service, with a prayer for issuance of a writ of mandamus directing the opposite parties -authorities to give her appointment in view of Resolution under Annexure -6, which is with regard to Reservation for Socially and Educationally Backward Classes (SEBC) in posts and services under the State strictly following the provisions of Women Reservation Rules, 1994 and further to direct the opposite parties to confer service seniority of the petitioner from the date of engagement of other opposite parties -candidates giving all consequential service and financial benefits.

(3.) THE writ petitioner in the second writ petition, being O.J.C. No.16749/1998 (hereinafter called 'the second petitioner'), who was a General (Women) category candidate in the said recruitment has filed this writ petition with a prayer to quash the appointment of opposite party Nos.3 and 4 (opposite parties -candidates) and to issue a direction to the opposite parties -authorities to appoint the petitioner in the post of Temporary Munsif under Emergency Recruitment.