BIRANCHI NARAYAN NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the advertisement dated 11.8.1998 published in Oriya daily 'The Sambad' calling applications from intending persons for opening a 24 hours 'day and night' medicine store in the campus of the Sub -divisional Hospital, Kamakhyanagar, in the district of Dhenkanal.

(2.) AS per the writ petition, in response to an earlier advertisement made in the same Oriya daily, 'The Sambad' dated 27.11.1991 inviting applications from intending candidates for opening a day and night medicine store in the same campus, the petitioner made an application in the prescribed manner within the stipulated time. During pendency of the application of the petitioner and the applications of other applicants, Subash Kumar Patnaik, an outsider made two representations in July 1992 and September, 1992 to the Minister of Health, c n receipt of which he directed the Joint Secretary, Health Service to consider the case of the petitioner favourably. Accordingly, the State Govt. illegally granted permission to Subash Kumar Patnaik for opening of the medicine store, which was challenged by one Suvendra Kumar Patnaik in O.J.C. No. 9607 of 1992, wherein this Court vide Judgment dated 5.8.1993 allowed the writ petition, set aside the order passed in favour of Subash Kumar Patnaik and directed to reconsider the applications in the light of the revised procedure.

(3.) IT is the specific case of the petitioner that to deprive him of being allotted with the medicine store in question, opp. party No. 3 intentionally and illegally changed the previous eligibility criteria and prescribed that preference would be given to young unemployed registered pharmacists who were just above the maximum age limit for entry into Govt. service and were below 35 years of age. If the said criterion is allowed to be retained in the impugned advertisement, then naturally, the petitioner who is on the wrong side of 35 years would be disqualified for the purpose. Under such circumstances the petitioner has filed the writ petition to quash the advertisement in Annexure -10 and to direct the Opp. parties to implement the common order dated 24.12.1997 passed in O.J.C. Nos. 6310 of 1995 and 6484 of 1995.