DR. RAJALAXMI BEURA Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The Odisha University of Agriculture and Technology (OUAT) has been constituted under the provisions of the Odisha University of Agriculture and Technology Act, 1965. An advertisement was issued by the OUAT for recruitment to the post of Asst. Professor (Bio-Technology) on contractual basis in the College of Basic Science and Humanities, Bhubaneswar. The petitioner, having passed B.Sc. in First Class Distinction with Botany (Hons), M.Sc. (Botany) in First Division and acquired Ph.D. degree in Botany; and published 7 research papers in different journals of national/international repute and 5 scientific popular articles and also presented 10 research papers at national/international conferences, applied for the said post. The petitioner, among the 27 candidates appeared before the selection committee, was selected and engaged as Assistant Professor (Bio-Technology) on contractual basis with consolidated remuneration of Rs.8,000.00 by office order dated 30.05.2005 in annexure-1. She discharged the duty assigned to her to the satisfaction of the higher authority, for which consecutively three Vice-Chancellors appreciating her work have granted certificates which have been placed on record as annexures-2, 3 and 4.

(2.) While the petitioner was so continuing, the OUAT issued an advertisement dated 10.08.2008 in annexure-6 for filling up of one regular post of Asst. Professor (Botany) in the General Category. Only 36 candidates, of 51 applied for the post, appeared at the interview and the selection committee prepared the panel/select list consisting of four candidates in order of merit and suitability on 01.07.2009 vide annexure-7 wherein the petitioner's name found place at serial no.4 in order of merit. Dr. Chinmaya Pradhan, whose name found place at serial no.1, was appointed as Assistant Professor (Botany) pursuant to office order dated 09.07.2009 in annexure-8. When another vacancy arose about 9 months later, the candidate at serial no.2 of the panel, namely, Dr. Debasis Dash was appointed vide office order dated 08.03.2010 in annexure-9, when Dr. Chinmaya Pradhan was continuing in service.

(3.) The OUAT issued another advertisement on 20.04.2010 in annexure-10, during the life time of the panel prepared in annexure-7, for filling up of one regular post of Asst. Professor (Botany) reserved for women. Dr. Chinmaya Pradhan resigned from his post on 30.04.2010 after the advertisement was issued but during subsistence of the panel prepared on 01.07.2009 in annexure-7. Dr. Rabindra Kumar Mishra, who stood at serial no.3 of the panel prepared on 01.07.2009, having joined elsewhere, the petitioner being stood at serial no.4 was entitled to be appointed against the vacancy created for the post of Assistant Professor (Botany) on regular basis. Due to non-issuance of letter of appointment to the petitioner, during subsistence of the valid select list/panel, she has approached this Court by means of this application.