(1.) This petition challenges the decision dated 16.3.2015, vide Annxure -5, of the Search -cum -Selection Committee for appointment to the post of State Commissioner of Persons with Disabilities (hereinafter referred to as "the SCPD") and the decision of the State Government dated 6.4.2015, vide Annexure -6, appointing opposite party no.3 as SCPD.
(2.) Shorn of unnecessary details, the short facts of the case of the petitioner are that pursuant to the advertisement issued by the Government of Orissa for selection to the post of SCPD, twenty one applications were received including the petitioner and the opposite party no.3. The petitioner is a physically handicapped person. He has devoted the entire life for upliftment and welfare of the physically handicapped persons. He has nearly 30 years of experience in the field of upliftment of the persons with disability. He has fulfilled the eligibility criteria and most qualified candidate. But then, his case was ignored. It is further stated that opposite party no.3 does not fulfil the requisite criteria. She has not worked for more than fifteen years in any of the organisations and, as such, she is not eligible to be considered for the post of SCPD. She did not have three years experience in the field of empowerment of persons with disabilities. The Search -cum -Selection Committee by order dated 16.3.2015 had prepared a panel of three applicants including the opposite party no.3. The case of the petitioner had been ignored. On the contrary the name of opposite party no.3 found place in the panel. Subsequently, the State Government by order dated 6.4.2015 appointed opposite party no.3 as SCPD without assigning any reason. With this factual scenario, this writ petition has been filed.
(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties 1 and 2. The sum and substance of the case of the opposite parties 1 and 2 is that an advertisement was issued on 14.11.2014 inviting applications from the qualified and experienced persons for the post of SCPD. In response to the same, twenty one persons including the petitioner and the opposite party no.3 offered their candidature. The Search -cum -Selection Committee, notified by the State Government on 20.12.2014, after examination of all the twenty one applications recommended a panel of three suitable candidates including the name of opposite party no.3 for the post of SCPD. The name of the petitioner did not find place in the panel of three candidates recommended by the Search -cum -Selection Committee. The State Government appointed opposite party no.3, who assumed charge of the office of SCPD in the afternoon of 7.4.2015, vide Annexure -B/1. It is further stated that opposite party no.3 has been appointed as SCPD by following the provisions laid down in Section 60 of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 (hereinafter referred to as "the Act") and Rules 49(B), 49(C) and 49(D) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Odisha Rules, 2012 (hereinafter referred to as "the Rules"). There was no illegality or arbitrariness in taking the decision for appointment of opposite party no.3 as SCPD. Opposite party no.3 fulfilled all the eligibility criteria laid down under the provisions of the Act and Rules. She is a Post Graduate and has passed the Law. She has been awarded Ph.D by the Utkal University. She possessed fifteen years of experience in the field of empowerment of persons with disabilities as required under the Rules. She was a Zilla Parisad Member of Jagatsinghpur District from 1997 and in that capacity, she engaged herself in social development work. She is the Joint Secretary of Utkal Smruti Kala Mandap at Cuttack from 2000. The said organisation is engaged in the field of social development. Besides, she has experience in other fields also as a Member of Odisha Social Welfare Board and the Orissa Scheduled Caste Welfare Advisory Board. She is associated with Maa Bauti School for Deaf since 2004, Shree Beleswar High School for Deaf since 2009 and contributed to empowerment of persons with hearing impaired. She is also associated with Nayagarh Kala Parisad since 2004. The claim of the petitioner that he is a most qualified and experienced person out of all the applicants is a self -glorification. It is not a competition of any civil post. The SCPD is a statutory post. The Government can choose any one from the panel of selected three candidates for the post of SCPD. The Government is neither required to assign any reason for final selection and appointment of SCPD nor the Rules provide for the same. Since opposite party no.3 has fulfilled all the requisite criteria and was in the panel of three candidates recommended by the Search -cum -Selection Committee, the Government selected opposite party no.3 for the post of SCPD from amongst the candidates recommended by the Search -cum -Selection Committee.