BIRA KISHORE RAJ Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner in the aforementioned writ application has prayed, inter alia, to quash the advertisement dated 12.04.1996 issued by the Utkal University for the post of Lecturer in Physics and to consider him for the said post since he was the only scheduled caste candidate, who appeared at the interview. The case of the petitioner is that an advertisement was published by the Registrar, Utkal University - opposite party No. 2 inviting applications for the posts of Professor, Reader, Lecturer and others for the Post Graduate Department of Physics. The last date of submission of the application was 31.5.1996. In the said advertisement, it was indicated that out of two posts of Lecturer in Physics, one is reserved for Scheduled Caste and the other for Scheduled Tribe. The petitioner was the only eligible scheduled caste candidate for the said post. While the matter stood thus, another advertisement was issued by the University on 10.9.1996 vide Annexure -2 modifying the earlier advertisement dated 24.4.1996, wherein it was indicated that one post is reserved for Scheduled Tribe and another for unreserved/general candidate by de -reserving the scheduled caste post. Thereafter, he appeared at the interview on 27.6.1997. It is further stated that he was the only scheduled caste candidate, who appeared at the interview and without considering his case for appointment to the post of Lecturer in Physics, the University authority arbitrarily selected opposite party No. 5, who belongs to general category. Thereafter, he made successive representations. When all persuasions ended in a fiasco, he filed the present writ petition.

(2.) PURSUANT to issuance of notice, the Registrar of Utkal University has entered appearance and filed counter affidavit. The case of the opposite party Nos. 1 and 2 is that an advertisement was made by the University on 12.4.1996 for filling up two vacant teaching (Lecturer) posts in Physics, i.e. one for Scheduled Caste and one for Schedule Tribe. Thereafter, a corrigendum was issued to the said advertisement on 3.9.1996 after recasting the roster point prevailing at that point of time and as per O.R.V. Act, one post was reserved for Scheduled Tribe and another one unreserved. It is further stated that there was no vacancy in the post of Lecturer belonging to Scheduled Caste category.

(3.) WE have heard learned counsel for the parties.