JAYASHREE DHAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Pursuant to an advertisement issued by Odisha Public Service Commission (OPSC) on 19/8/2006 for conduct of Odisha Civil Services Examination, 2006 for recruitment to different posts/services in Category -I and II of Odisha Civil Services, the petitioner submitted her application. Having qualified in the preliminary test, the petitioner was called upon to appear in the main examination held from 22/7/2009 to 20/8/2009. The petitioner claims to have been successful in the main written examination. She was called upon to attend Personality Test (Viva Voce). The final merit list of successful candidates was published but the petitioner's name did not appear therein. The petitioner sought for information from the OPSC on 29/5/2010 to furnish the category-wise details pertaining to cut off marks for Unreserved (UR) and SEBC category and the marks secured by the last UR and SEBC successful candidates. The said request was however turned down by the OPSC. It is stated that the petitioner is a woman category and is therefore entitled to be considered within the 33.33% reservation for women. The number of posts advertised was 380 but 378 persons were declared successful. According to the petitioner, 50% of the total advertised posts being 190, 63 posts were required to be reserved for women being to the extent of 33.33%. It is also stated that originally the percentage of reservation for a SEBC candidate was 27% but in view of certain litigations and order passed by this Court the said quota was reduced to 11.2%. According to the petitioner, 21 posts thus reserved for SEBC ought to have been added in the UR category in which event the posts reserved for women category would have been increased from 63 to 69. On such facts, the petitioner approached erstwhile the Odisha Administrative Tribunal seeking the following relief:

(2.) Counter affidavit has been filed by opposite party no.1, wherein it is stated that 33.33% reservation for women out of 190 UR category comes to about 62. Out of such 62 posts, some SC, ST, SEBC/OBC candidates were selected by OPSC and given appointment in view of the principle that UR vacancies are open to all categories of candidates.

(3.) Counter affidavit has been filed by OPSC (opposite parties No. 2 and 3). It is specifically stated in the counter that the name of the applicant (petitioner) was not recommended by the Commission in the selection list sent to the Government due to her lower position in the final merit list. Referring to the Government Circulars dtd. 23/7/1997 and 15/3/1999, it is stated that the UR vacancies are open to all category of candidates. Accordingly, the Commission, recommended names of suitable candidates against UR vacancies (including Women) in view of their respective merit. The allegation that less number of women candidates under UR category were recommended was specifically denied as false.