JITENDRA KUMAR DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present three (03) intra court Appeals are filed by the Appellants, who were writ petitioners in three separate writ petitions i.e. WP (C) No. 5079 of 2021 with I.A. No.13515 of 2021, W.P.(C) No.199 of 2021 with I.A. No.13644 of 2021 and W.P.(C) No.3140 of 2021 with I.A. No.13645 of 2021 involving identical facts and issues and are aggrieved by a common judgment and order dtd. 9/9/2021 passed in WP (C) No.5079 of 2021 and by the declination of IA No. 13515 of 2021 seeking the modification of the Order dtd. 9/9/2021.

(2.) The Appellants (Writ Petitioners in the Writ Petition) are the matriculate Constables who are seeking directions to consider their eligibility to undergo the training for promotion as ASI of Police based on the Orissa Police Manual Rules, which prescribes the requirement of 30% marks in the written examination to qualify for inclusion in the Select List for ASI training and the validity of such select List to be one year or till the vacancies exist for which the selection process is conducted, whichever is later: as against the amended provision of Police Order 2020 wherein 40% marks in such written examination and the validity of such list to be 31 December of concerned year is prescribed. Private respondents in W.A. No.778 of 2021 are constables who had secured 40% marks in the written test for being deputed to the ASI training course and whose names find mention in the select list dtd. 14/12/2020/22/12/2020. An application to join the proceeding as intervener in W.A. No.778 of 2021 has been filed by the similar situated constables as the private respondents. The private respondents and the applicants had filed writ petitions seeking the validity of the select list till the exhausting of list of one year, whichever was later as per the un-amended rule i.e. PMR 660 instead of as prescribed under Police Order 2020. The writ petitions were also disposed of vide common order dtd. 9/9/2021.

(3.) For the sake of brevity, the facts and prayers, which are common to all the three writ petitions, are being noticed from the pleadings in WP (C) No.5079 of 2021, out of which the present Letters Patent Appeal arises are reproduced below: