BIJAYA KUMAR PRADHAN Vs. ORISSA ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India wherein the order dated 7.11.2000 in O.A.No.2565(C) of 1995 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack is under challenge whereby and whereunder the Tribunal has dismissed the original application for engagement of the applicant/petitioner as Process Assistant on the ground that he is not possessing required training qualification.

(2.) Fact of the case is that the applicant/petitioner who belongs to Scheduled Tribe obtained National Trade Certificate in 1992 in the trade of Engraving. In the year 1993, the State of Orissa has created six posts of Process Assistants and there were two consequential vacancies. According to the Orissa Government Press Industrial Employees Classification, Recruitment, Promotion, Conditions of Service and Appeal Rules,1978, (for short, 'the Rule,1978') provides for filling up of the vacancies to the extent of 75% from amongst the holders of National Trade Certificate and 25% will be filled up by promotion of Class-IV employees and skilled industrial employees, who have acquired the necessary skill through their work experience during their service career in the undertaking. According to the applicant, vacancy on roster point-12 during 1995 was meant for Scheduled Tribe candidate but the authority without following the norms of the rules, arbitrarily and whimsically appointed a junior on that post. Applicant's contention is that, according to section 9(3) of the Orissa Reservation of Vacancies in Posts and Services ( for Scheduled Caste and Scheduled Tribes) Act,1975, (for short "the ORV Act,1975) as amended, there is no provision for exchange or de-reservation of reserve category posts, if sufficient number of candidates of these categories are not available or there are no candidates available at all from these categories. In such a contingency a fresh recruitment has to be made only from among the candidates belonging to the Scheduled Caste and Scheduled Tribes for filling up the vacancies or remaining vacancies. The applicant claims to be the senior most candidate with trade certificate and has been representing before the authority for consideration of his case but however, to no effect.

(3.) Case of the State authorities is that vacancies falling on reserved point-12 in the roster register was meant for Process Assistant (Plate-making). The vacancy, therefore, was offered to one Judhisthir Nayak, a Scheduled Caste candidate, who had a National Trade Certificate in the Process Plate-making Trade.