SRIKANTA KUMAR PATRA Vs. ORISSA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner, who was an applicant for the post of Assistant Professor in General Surgery, pursuant to advertisement no.15 of 2015-16 dtd. 23/11/2015 at Annexure-1 and corrigenda dtd. 18/12/2015, 3/2/2016 and 25/5/2016 at Annexure-2 series, by means of this writ petition, seeks to quash the order dtd. 12/12/2017 passed in O.A. No. 2836 (C) of 2016 at Annexure-10, whereby the Odisha Administrative Tribunal, Cuttack Bench, Cuttack, while declining to interfere with the action of the Odisha Public Service Commission (OPSC)-opposite party no.1 in rejecting the candidature of the petitioner for want of three years teaching experience, has dismissed the Original Application. The petitioner also seeks direction to the opposite parties to treat him as an eligible candidate for the post of Assistant Professor in General Surgery.

(2.) The factual matrix of the case, in a nutshell, is that petitioner completed his Post Graduate in General Surgery from SCB Medical College and Hospital, Cuttack in the year 2009. On being duly selected, he was appointed as Senior Resident in Surgery w.e.f. 7/1/2010 in VSS Medical College, Burla, where he continued till 12/10/2010. Thereafter, petitioner worked as Senior Resident in Surgical Oncology in Acharya Harihar Regional Cancer Centre, Cuttack from 12/10/2010 to 4/8/2012. Then, he came to SCB Medical College and Hospital, Cuttack, where he worked as Senior Resident from 4/8/2012 to 4/8/2015.

(3.) Mr. S.K. Das, learned counsel for the petitioner contended that the petitioner has got requisite teaching experience of three years and, as such, he is otherwise eligible to be considered for appointment as Assistant Professor in General Surgery, pursuant to the advertisement issued under Annexure- 1. But, without considering the same in proper perspective, the candidature of the petitioner was rejected by the OPSC, which has also been affirmed by the tribunal and, as such, the same cannot be sustained in the eye of law. Therefore, the petitioner has approached this Court by filing the present writ petition.