AKSHAYA KUMAR SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petitioner/applicant being aggrieved with the order dated 26.7.2012 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.3037(c) of 2010 has filed this writ petition whereby and where under the relief sought for by him for a direction upon the respondents to give 27% of reservation to the candidates belonging to S.E.B.C. category, as provided in Orissa Reservation of Posts and Services (for Socially and Educationally Backward Class) Act, 2008 (for short "the Act") in respect of post of Sub-Inspector of Police, Sergeant of Police and Deputy Subedar and accordingly modify the selection list dated 30.7.2010, as also for a direction to the respondents to give 5 years relaxation of age limit to the applicant in respect of the post of Sub-Inspector of Police and Deputy Subedar and to reconsider the case of the applicant against the said post by declaring him eligible to be considered for the same, has been rejected.

(2.) The brief fact of the case is that the applicant belongs to Socially and Educationally Backward Class (in short S.E.B.C). The Orissa Staff Selection Commission issued an advertisement in the daily newspaper "The Samaj" dated 26.12008 (Annexure-2) inviting applications for combined competitive examination for recruitment for Group-C post in the Orissa Police Service, Orissa Prisons Service and Orissa Fire Service-2009. Pursuant to such advertisement, the applicant applied for the post of Sub-Inspector of Police, Sergeant of Police, Deputy Subedar and Assistant Jailor. The applicant came out successful in the preliminary test and was called to undergo physical test. He also qualified in the physical test and was issued with an admission letter permitting him to take part in the written examination to be held on 20th September, 2009. The applicant sat in the written examination and was duly selected. He received a call letter dated 31.5.2010 asking him to appear in the viva voice test-cum-psychological test in the Commission?s Office on 31.7.2010 at 9.30 A.M. The respondents gave effect to the provisions of the Act by providing 27% reservation to S.E.B.C. candidates for the post of Asst. Jailor and Fire Service, but such reservation was limited to 11.25% only for the post of Sub-Inspector of Police, Sergeant of Police and Deputy Subedar, thus, the policy of reservation adopted by the respondents for the post of Sub-Inspector of Police, Sergeant of Police and Deputy Subedar is in contravention of Section 3 of the Act.

(3.) While on the other hand the case of the opposite parties is that the Odisha Administrative Tribunal in an order passed in O.A. No.1854 (C) of 2008 directed to limit reservation to 50% and in compliance to the said order reservation for the candidates belonging to S.E.B.C. category was reduced from 27% to 11.25%. Since there was a conflict between the decision of the Tribunal and the Provisions of the Act, a clarification was sought for from the Government and the Government took the decision that as an interim measure 15.75% of the vacancies to be filled up by direct recruitment in each recruitment year, should be kept vacant and the balance 11.25% of the vacancies should be filled up by candidates belonging to S.E.B.C. category. The reduction of upper age limit was allowed keeping in view the decision of the Tribunal in O.A. No.821(C) of 2009.