SARADA PRASAD MAHANTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who claims to be a public spirited person and is a practicing advocate has filed the Public Interest Litigation petition challenging the illegal and arbitrary squandering of the public money and allowing the persons i.e. Opp. Parties 5 to 376 to occupy public office working in different posts in the State Government Service urging various facts and legal contentions with a prayer for issuance of a writ of certiorari to quash the appointment of reserve candidates against unreserved post beyond 50% and the appointment of the Opp. Parties in Class-I posts with basic pay of Rs. 15,600/- who were selected for Class-II with the basic pay of Rs. 6,500/- and Rs. 5,500/- appointed as Class-II with Rs. 9,300/- with further direction to Opp. Party No. 2 to recover the public money from the said Opp. Parties-officers by fixing responsibility for having flouted the law and to pass such other order to meet the ends of justice.

(2.) The brief facts are stated below for the purpose of appreciating the rival, factual and legal contentions urged on behalf of the parties.

(3.) It is the case of the petitioner that the Government of Odisha in General Administration Department (for short, G.A. Deptt") made requisition for the seven categories of posts in Class-II cadre and in the Specially Declared Gazetted cadre. Accordingly, the Orissa Public Service Commission (for short, "OPSC") issued advertisement No. 8 of 2006-07 for 5 categories of Class-II posts and 2 categories of Class-II posts were notified with the scales of pay of Rs. 6,500/- and Rs. 5,500/- in respect of the vacancies in different categories. The OPSC conducted the Orissa Civil Service Examination-2006 as per the Orissa (Amendment) Civil Service Rules, 1991 which consists preliminary examination for general scrutiny and the main examination consisting of main written and viva voce.