SUBHASHREE JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In these two writ petitions common prayer has been made and as such the same are being disposed of by this common order.

(2.) The orders passed by the Odisha Administrative Tribunal in O.A. No. 2478(C) of 2013 dated 29.1.2014 is under challenge whereby and where under the Tribunal has quashed the selection list dated 17.7.2013 directing the authority to prepare a fresh select list limiting the reservation to 50% and appointment of the selected candidate be made on that basis.

(3.) The fact of the case is that in terms of advertisement published in the year 2012-13 for recruitment to the post of Assistant Engineer (Electrical) Class-II, Group-B service the applicants have submitted their applications, got qualified, their names have been incorporated in the select list, but before issuance of appointment letter, The Orissa Reservation of Posts and Services (for Socially and Educationally Backward Classes) Act, 2008 (herein after referred to as 'the Act, 2008) has been challenged by some of the candidates before the Tribunal challenging the virus of the Act whereby and where under the extent of reservation has been exceeded to 50%, the Tribunal, vide its order dated 12.12.2013 passed in O.A. No. 1417 of 2012, has declared the Act, 2008 as ultra-virus and accordingly directed the authorities to modify the advertisement and initiate the selection process afresh.