ABINASHI SABYASACHI SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) The petitioner in the writ petition is the applicant pursuant to the advertisement No.12 of 2018/19 (Annexure-1) issued by the Odisha Public Service Commission (OP No.2) for selection of Assistant Professor in the discipline of Paediatrics, in the Odisha Medical Education Service.

(3.) The facts of the case as narrated in the writ petition, which also remain uncontroverted, are that the petitioner applied in the category of SC for selection of Asst. Professor of Paediatrics. He was considered and evaluated as per the selection process of O.P.No.2- OPSC. Three candidates were recommended in the SC category (including one woman candidate) as per the advertisement pursuant to the requisition of the State Government and one post for SC candidate remains unfilled inasmuch as the candidate Dr. Manas Ranjan Mallick (OPSC Roll No.373), was not given appointment. Dr. Mallick is already working in the cadre of Assistant Professor in the Odisha Medical Education Service (as per Method of Recruitment and Conditions of Service Rules, 2009) after he was selected by O.P. No.2-OPSC, pursuant to the advertisement no.10 of 2016/17, had got appointed earlier by notification No.28408 dtd. 6/11/2018 (Annexure-4) issued by the Government of Odisha, Health and Family Welfare Department-opposite party no.1. Dr. Mallick choose to apply second time for the post of Assistant Professor against the subsequent notification No. 12 of 2018/19 pursuant to the subsequent requisition of the State Government. Apparently, the post already occupied by Dr. Mallick as Assistant Professor could not have been taken as a vacant post and requisition could not have been sent by the State to the OPSC as indicated above.