P RAGHUNADHA RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was an applicant for a post in the Orissa Administrative Service and was examined by the Orissa Public Service Commission in various subjects, but was disqualified on the ground that he failed to pass the language test in Oriya upto the Middle Standard. The question raised in this application is whether the action of the Public Service Commission in eliminating the petitioner from the list of eligible candidates is unconstitutional. The petitioner also challenges the validity of the composition of the Service Commission itself and prays for the issue of a writ directing the Commission to include his name in the list of candidates sent up to Government for selection to the Orissa Administrative Service, or, in the alternative, to declare the composition of the Commission as unconstitutional.

(2.) It is said on behalf of the State that the applicant was not qualified under the rules prescribed for recruitment to the Orissa Administrative Service as he did not know Oriya up to the Middle Standard. Accordingly, no viva voce examination was held and the petitioner was intimated that he was not qualified.

(3.) Part III of the Orissa Administrative Service and the Orissa Subordinate Administrative Service (Recruitment) Rules 1950, deals with direct recruitment and says that: