DR. NIHAR RANJAN BISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since both these writ petitions have been filed challenging the process of the selection initiated vide Advertisement No. 20/2021-22 dtd.10/11/2021 so issued by the Odisha Public Service Commission (in short Commission) for recruitment to the post of Asst. Professor (Super Speciality) in Group-A under the Odisha Medical Education Service (in short OMES) Cadre, both the matters were heard analogously and disposed of by the present common order.

(2.) It is the main contention of the learned Sr. Counsels appearing for the Parties in both the writ petitions that while issuing the impugned advertisement vide Advertisement No. 20/2021-22 for the post in question, since reservation has not been provided in terms of the provisions contained under Rule 6 of the Odisha Medical Education Service (Method of Recruitment and Condition of Service) Rules, 2021 (in short 2021 Rules), the selection process initiated pursuant to the impugned advertisement is not sustainable in the eye of law and requires interference of this Court. Rule 6 of the 2021 Rules reads as follows:-

(3.) It is contended that Petitioners in both these cases since belong to reserve category and because of the nature of advertisement issued, no reservation was provided for any of the candidates belonging to reserve category and all the 19 posts so advertised were meant for UR candidates, the process of selection so undertaken by the Commission is vitiated.