DAMODAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two writ petitions have been filed against the judgment and order dated 24.9.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2860 of 1984 and O.A. No. 30(C) of 1998 by which both the OAs were dismissed.

(2.) IN fact the Tribunal has decided 11 Original Applications in a batch out of which one O.A. No. 363(C) of 1994 filed by Dr.Sebak Tripathy was allowed and remaining OAs were dismissed.

(3.) IN the note below paragraph -10 of the advertisement, it was mentioned that true copies of the experience certificate(s) from competent authority as required under paragraph -7 of the advertisement and the certificates showing academic reputation and significant contribution to teaching/research on concerned discipline should be submitted. 6. (Sic) It may be noticed that the minimum requisite qualification mentioned in paragraph -7 as quoted above were in consonance with Rule 5 of the Orissa Education Service (Professors' Grade) Recruitment Rules, 1990 herein after referred to as the 'Rules, 1990.' 7. In response to the above advertisement besides others the applicants before the Tribunal in all the Original Applications submitted their applications. In the selection, Dr. Sribatsa Lanchhan Jena (O.P.3), Dr. Sebak Tripathy (O.P.4) and one Dr. Surendra Mohan Pani (O.P.5) were selected. However, at first, Dr. Dhruba Charan Mishra and Dr. Sebak Tripathy were not called for interview. They filed Original Applications bearing Nos. 289 of 1994 and 363(C) of 1994 and by way of interim order, the Tribunal directed to allow them to appear at the interview in February, 1994. Dr. Sebak Tripathy was selected ultimately amongst others selected persons whose names have been mentioned above. In O.A. No. 289 of 1994, a direction was given thereafter not to publish the result of Dhruba Charan Mishra without leave of the Tribunal. Consequently, his result was withheld by the O.P.S.C. During pendency of the above two Original Applications, the persons who were not selected including the petitioners had filed the Original Applications as mentioned above challenging the selection in question on the following amongst other grounds: 1. The O.P.S.C. did not publish the advertisement in terms of the Rules, 1990. 2. There was violation of Rule 7(3) of the Rules inasmuch as one of the expert members named Dr. K.C. Panda was not competent to be a member of the Selection Board. Further the appoint in O.A. No. 2860 of 1994 has contended that Dr. K.C. Panda was biased against him as there was previous enmity between them. 3. The short listing process adopted by the O.P.S.C. was improper for which the applicant in O.A. No. 168(C) of 1995 Dr. K.C. Mohanty was not called for the interview, though he was possessing all the requisite qualifications and eligibility. 4. Selection of Dr. Sebak Tripathy was illegal inasmuch as he did not possess one of the requisite qualifications by the cut -off date, that is 24.4.1992, such as giving guidance to research scholars for Ph.D.