KAILASH CHANDRA NAURI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India wherein the order dated 30.3.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A.No.2616(C) of 1996 is under challenge, whereby and where under direction has been passed by the Tribunal for quashing appointment of 14 persons which is in excess of the advertisement.

(2.) Brief facts of the case is that in pursuance of the advertisement published for recruitment to the posts of Reserve Police Constables in the Orissa Reserve Police Force, applicants had appeared in the test in which they were found suitable and selected for appointment. Merit list was prepared in which applicants were empanelled. Few candidates in the panel list were given appointment as Reserved Police Force but some of the applicants whose names were in the panel list were not given appointment. According to them, they had performed duties during the period from 20.4.1996 to 11.5.1996 in connection with the General Election in the year 1996. The Authority has sought approval of the Deputy Inspector General of Police (Admn.) and Deputy Inspector General of Police (OR) vide letter dated 19.1996 for giving appointment to 135 numbers of candidates against the vacancies occurred between 11.10.1995 and 31.8.1996 because these candidates were kept wait listed for such appointment. According to them, the select list prepared by the Selection Committee on the basis of the interview and test held by them w.e.f. 9.10.1995 to 11.10.1995 has remained valid up to the date of filing of the case as no further interview was held by the authority.

(3.) The State has appeared before the Tribunal but not disputed the fact that the advertisement was only for filling of up the post of 66 Constables. The Tribunal, after taking note of the admitted position of the State regarding the notified vacancies in terms of the advertisement as settled the proposition of law that appointment cannot be made excess of the vacancies advertised, has passed the order quashing the appointment of 14 persons who were in excess of the advertisement.