SANGEET KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, by means of this writ petition, seeks to issue direction to the opposite parties to appoint him as Assistant Executive Engineer (Civil), pursuant to advertisement no.3 of 2015-16 dtd. 17/4/2015 issued by opposite party no.2-Odisha Public Service Commission (OPSC), after calling him to appear in the interview.

(2.) The factual matrix of the case, in precise, is that the OPSC issued an advertisement bearing no.3 of 2015-16 dtd. 17/4/2015 for recruitment to 657 posts of Assistant Executive Engineer (Civil) and 25 posts of Assistant Executive Engineer (Mechanical) in Group-'A' of Odisha Engineering Service under Water Resources Dept., Works Department and H and U.D Department inviting applications through online from the prospective candidates, as per the profoma application available on its website, from 27/4/2015 to 27/5/2015 fixing 29/5/2015 as the last date for payment of application fees for the aforesaid recruitment in the scale of pay of Rs.15,600.0039,100/- with Grade Pay of Rs.5,400.00 in P.B.-3 with usual dearness allowance and other allowances, as may be sanctioned by the Government of Odisha from time to time. The vacancy position as per requisition filed by different Departments of the Government of Odisha reads as follows:-

(3.) Mr. G. Mishra, learned Senior Counsel appearing along with Mr. A. Dash, learned counsel for the petitioner vehemently contended that the action of opposite party no.2-OPSC in not calling the petitioner for interview having secured even higher marks than the candidates belonging to unreserved category is extremely arbitrary and unreasonable and such action of the OPSC, being violative of Article-14 of the Constitution of India, is liable to be interfered with by this Court. It is further contended that despite fulfilling requisite qualification for being called for interview, no opportunity was given to the petitioner and no explanation was also given by the OPSC to justify such action and there can be no reasonable classification in the matter.