ARUN KUMAR SHASANI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by means of this writ, seeks to quash the order dtd. 9/11/2012 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 334 (C) of 2012, and to issue direction to the opposite parties to give him appointment in the post of Junior Assistant under unreserved Physically Handicapped category.

(2.) The factual matrix of the case, in brief, is that Orissa Staff Selection Commission issued an advertisement through its Secretary on 12/3/2010 for recruitment to the posts of Junior Assistant for the offices of the Heads of the Department. In the said advertisement, out of total number of 218 posts, 69 were reserved for women. The advertisement also contemplated that vacancies for ex-servicemen, sports persons and physically handicapped category shall be filled up as per rule in force. The number of vacancies shown above and the category-wise reservation position were tentative and subject to change as per rules as would be in force at the time of publication of result/issuance of appointment order.

(3.) Mr. S.D. Routrary, learned counsel appearing for the petitioner vehemently contended that the petitioner had complied with the conditions stipulated in Clause 13 (h) of the advertisement by providing Physically Handicapped certificate, along with the registration card, for the purpose of granting benefit of appointment under PH category. But without taking the same into consideration, the claim of the petitioner has been rejected by the impugned order passed by the tribunal. In support of his claim, learned counsel for the petitioner has relied upon the decision of this Court in the case of Amarjeet Jena v. Council of Higher Secondary Education, Orissa, AIR 1990 Ori 129.