JAGANNATH HATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition challenges the advertisement issued by the Odisha Public Service Commission for recruitment to the posts of Assistant Professors in super speciality and speciality in different disciplines for Veer Surendra Sai Institute of Medical Sciences and Research, Burla, vide Annexure -3. Ancillary prayer is made for a direction to opposite parties 2 and 3 to hold recruitment to the posts of Assistant Professors in the said institute as per the Veer Surendra Sai Institute of Medical Sciences and Research Act.

(2.) This case has a chequered history. The Odisha Public Service Commission (hereinafter referred to as "the O.P.S.C.") issued two advertisements for filling up posts of Assistant Professors in three medical colleges of the State, namely, S.C.B. Medical College and Hospital, Cuttack, M.K.C.G. Medical College and Hospital, Berhampur and V.S.S. Medical College and Hospital, Burla. The first advertisement was the advertisement no.4 of 2010 -11 and the second advertisement was the advertisement no.8 of 2011 -12. Sixty seven Original Applications were filed before the Odisha Administrative Tribunal (hereinafter referred to as "the Tribunal") challenging, inter alia, the advertisements issued by the O.P.S.C. by the doctors, who had not gained three years of experience by that time. The learned Tribunal passed interim orders permitting the candidates to participate in the selection process with the conditions that result shall be kept in sealed cover. Those candidates, who were eligible as per the advertisements, had participated in the selection process. After selection, the selectees were appointed in their respective posts of Assistant Professors. By order dated 3.5.2013, the learned Tribunal set aside the advertisements holding that both the advertisements were not in conformity with the recruitment rules and guidelines of Medical Institutions Regulations 1998 and amended Regulations of 1998 upto 2010. Assailing the order dated 3.5.2013 passed by the learned Tribunal, the aggrieved persons filed thirteen writ applications before this Court. These writ applications were disposed of on 24.4.2015. The ordering portion of the said judgment is quoted hereunder :-

(3.) Aggrieved by and dissatisfied with the judgment of this Court, the aggrieved doctors filed Special Leave Petitions (SLP (C) Nos.17074 -7075 of 2015) before the Hon'ble Apex Court. All the matters were heard together and by a common judgment dated 10.8.2015 in Civil Appeal Nos.6157 -6158 of 2015, the Hon'ble Apex Court set aside the directions of this Court contained in the impugned judgment and issued the following directions: -