PRADEEP KUMAR RAY Vs. THE DIRECTOR GENERAL

JUDGEMENT

(1.) By this writ application the petitioner seeks a direction to the opposite parties to declare the Practical Test and interview held at Aakashvani, Cuttack on 22nd December, 1998 for selection to the post of "Instrumentalist" (Violinist Player), Prasar Bharati, Broadcasting Corporation of India, Aakashvani, Jeypore, Dist- Koraput the same having been made in violation of the recruitment Rules, vide Annexure-15, since the Selection Committee was not constituted in consonance with the said Rules. He further seeks a direction to the opposite parties to declare him selected and appoint him as "Instrumentalist" (Violinist Player) in Prasar Bharati, Aakashvani, Jeypore.

(2.) The short fact leading to filing of the writ application is that the petitioner is a highly qualified, trained and experienced musician in the instrument "violin" in Hindustani Classical and Light Music with his "Sangeet Alankar" qualification which is equivalent M.A. in Music and training on the basis of which he has reached the pinnacle of success in playing such instrument. The opposite parties floated an advertisement in "The Samaj", a daily Odia Newspaper, bearing Advertisement No. DAVP- 690 (586) 94 for a single post of "Instrumentalist" (Violin Player) as per item (2) of the advertised post, at All India Radio (Aakashvani), Jeypore, Orissa, vide Annexure-8. Having satisfied the requisite qualification, the petitioner applied for the said post and after due scrutiny, he was called upon to appear before the Selection Committee for practical test and interview "at 11 a.m. on 26th March, 1997, vide Call Letter dated 18.03.1997 (Annexure-10). Pursuant to that, he appeared before the Selection Committee on the scheduled date.

(3.) Since the result of selection was not published for about one and half years, the petitioner approached this Court by filing a writ application bearing OJC No. 12629 of 1998 seeking a direction for declaration of result of selection. On being noticed, the opposite parties entered appearance and filed their counter affidavit stating that complaints were received for selection and appointment in posts other than Violin Player and the complainants alleged that they were prevented by outsiders from appearing in the selection and interview as scheduled was cancelled. But this Court on consideration of the contentions raised by the parties quashed the order under Annexure-11 to that writ application. The operative portion of the order passed by this Court is as follows: