STATE OF ODISHA AND OTHERS Vs. LILIBALA ROUT

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India having been filed by the State of Odisha and its functionaries has challenged the order dated 31.8.2016 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.1078(C) of 2010 whereby and where under while allowing the original application directed the respondent no.2, Principal Chief Conservator of Forest, Odisha to issue appointment order in favour of the applicant, sole opposite party, as Forest Guard against the earmarked vacancy of SEBC(W) category in terms of the advertisement under Anenxure-1 to the original application.

(2.) Brief facts of the case is that one advertisement was published on 28.2.2006 by the Forest Department in the daily local "The Sambad" inviting applications for the posts of Forest Guard. In the advertisement for the Athagarh Division, 9 posts of Forest Guard was advertised including two posts for SEBC(man) and one post for SEBC ( woman). The sole opposite party belongs to SEBC category took part in the selection process. The authority without publishing select list gave appointment to two candidates for the post of Forest Guard to undergo training course, few aspirants including the opposite party had approached the Tribunal by filing original application being O.A.No.1260(C) of 2007 which was disposed of vide order dated 11.5.2007 with a direction to the petitioners to publish final selection list. Pursuant to the said order, selection list was published vide order dated 7.8.2007. The opposite party was intimated with a select list vide memo no.4260 dated 10.8.2007 in which she was placed at serial no.9 as a SEBC(W) candidate. After publication of select list dated 7.8.2007 three more persons were sent for undergoing training to be appointed as Forest Guard, when the name of the opposite party did not figure to be sent for training course, she approached the Tribunal vide O.A.No.1846(C) of 2008 which was disposed of vide order dated 17.9.2008 with a direction to the petitioners-State authorities to consider the case of the opposite party and pass appropriate order within a stipulated period.

(3.) Case of the opposite party is that appointment to the post of Forest Guard is to be made in pursuance of the Orissa Subordinate Forest Service (Method of Recruitment and Condition of Service of Forest Guard) Rules,1998 ( hereinafter referred to as Rule,1998) which provides that by direct recruitment 75% of total vacancies through competent examination shall be filled up from open market. According to the opposite party, she was selected in direct recruitment by the selection board for the post of Forest Guard, 5 persons already selected, had undergone training to be appointed as Forest Guard vide order dated 20.6.2008 and 3.1.2009, but in view of the fact that the opposite party was to be selected against the vacancy which is earmarked as SEBC(W) category in terms of the advertisement, she has not been selected, hence woman category in the SEBC category has remained unrepresented. The candidate namely Smt. Ritanjali Ganthia at sl.no.3 in the merit list shown as SEBC category was appointed under Unreserved (UR) category according to her merit position.