ANUP KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner's application under Section 19 of the Administrative Tribunals Act, 1985 having been dismissed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, he has filed this writ application under Articles 226 and 227 of the Constitution.

(2.) IN a nutshell, the case of the petitioner is that he has obtained degree of Bachelor of Engineering from Regional Engineering College, Rourkela. On 22.3.2003 an advertisement was published in daily 'Sambad' by the Department of water Resources, State of Orissa for engagement of Stipendiary Engineers on a consolidated remuneration of Rs. 5,000/ - per month. Pursuant to the said advertisement, the petitioner made his application and on his selection, order of engagement was issued on 22.7.2003 posting him as Assistant Engineer, M.I.I. Sub -Division, Rayagada, for a period of six months where the petitioner joined on 8.4.2003. It was stipulated in the offer of appointment that the Stipendiary Engineers shall have to appear before the Orissa Public Service Commission and those considered suitable will be appointed as regular C. Es. as per Orissa Service of Engineering Rules, 1941 and those who will fail to qualify in the test conducted by the O.P.S.C. will neither be renewed nor be regularised. The appointment order further reflects that the engagement is subject to passing test in Oriya language up to VII Class standard. Since petitioner was a student of Kendriya Vidyalaya without having passed any test in Oriya, he appeared Oriya test conducted by the Board of Secondary Education and obtained a certificate of passing Language Test Examination (M. E. Standard) in Oriya. Prior to the advertisement made by the Water Resources Department, the O.P.S.C. had published advertisement No. 3 of 2002 -2003 on 1.2.2003 inviting applications for recruitment of Assistant Engineer (Civil/Mechanical) in Class -II of Orissa Engineering Services under the Department of Water Resources for S.C. and S.T. candidates fixing the last date for receipt of application as 25.3.2003. The petitioner applied for the same with an undertaking that he shall submit the pass certificate in Oriya as required in Para - 5 (iii) of the aforesaid advertisement. Accordingly, after obtaining the certificate issued by Board of Secondary Education, Orissa dated 3.6.2003 in support of his passing Language Test Examination (M.E. Standard) in Oriya, he submitted the same on the very same day in the O.P.S.C. As the petitioner did not receive the call letter for the interview which was scheduled to be held on 26.8.2003, he inquired from the office of the O.P.S.C. and learnt that call letter has not been issued to him as he could not produce a pass certificate in Oriya. Against that, the petitioner approached Orissa Administrative Tribunal, Cuttack Bench in O.A. No. 2429(C) of 2003. By the impugned order the Tribunal has dismissed the original application. Challenging the said order of the Tribunal the petitioner has filed the present writ application.

(3.) PARA - 5(iii) of the advertisement No. 3 of 2002 -2003 reads as follows :