KALI CHARAN CHOUDHURY Vs. STATE OF ODISHA

JUDGEMENT

(1.) AS all these Writ Petitions involve common questions of law, the same are taken up for hearing together. For better appreciation W.P.(C) No.8914 of 2013 is taken up first as the leading case.

(2.) W .P.(C) No.8914 of 2013 has been filed by the petitioners challenging the advertisement dated 04.3.2013 issued by the District Project Coordinator, Sarva Sikshya Abhiyan, Ganjam for engagement of Block Resources Centre Coordinator (BRCC) and Cluster Resources Centre Coordinator (CRCC) in the district of Ganjam leading to disengagement of the petitioners, who are working as CRCC.

(3.) 3.2013 under Annexure -5 series. In the said advertisement it is stated that the BRCCs / CRCCs who had completed 5 years or more as BRCC/CRCC need not apply again. The grievance of the petitioners in this Writ Petition is that in the advertisement the post of CRCC occupied by the petitioners have been shown to be vacant posts so as to be filled up by freshers, which amounts to disengagement of the petitioners from their respective posts of CRCC before abolition of the Scheme. Hence the Writ Petition. 4. A group of similarly situated persons have approached the learned State Administrative Tribunal, Cuttack in O.A No.2306 (C) of 2009 challenging the aforesaid advertisement dated 14.8.2009, which was disposed of on 27.8.2010. The learned Tribunal not inclined to quash the advertisement dated 14.8.2009 issued to recruit CRCCs for all Blocks under Ganjam district and also issue any direction to the respondents to allow the applicants to continue as CRCC in their present place of posting. The learned Tribunal further observed that if the select list has already been prepared/published after the visioning test was over and other required process are already over, the respondents are at liberty to issue engagement order in favour of the selected candidates to be engaged as CRCC. The said order having not been challenged in any higher forum has attained finality. Some of the applicants of the Original Application are also petitioners in this Writ Petition, who have challenged the advertisement as well as selection process.