LAWS(ORI)-2008-5-34

MRUTUNJAYA NAYAK Vs. STATE OF ORISSA

Decided On May 16, 2008
Mrutunjaya Nayak Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD Shri T.K. Mandal learned counsel for the petitioner and Mr. B.K. Mahanti, learned Advocate General for the respondents.

(2.) THIS writ petition has been filed by the petitioner as a Public Interest Litigation alleging himself to be a member of Scheduled Caste. He claims to possess the Law Degree and is eligible to appear in the examination scheduled to be held from 20th July, 2008 for Orissa Superior Judicial Service (Senior Branch) for which The Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 have been published in the Official Gazette by notification dated 17th August, 2007.

(3.) LEARNED counsel for the petitioner Shri T.K. Mandal submitted that considering the backwardness of the candidates belonging to reserved categories relaxation of marks at least of 5% should have been granted while framing the aforesaid Rules as had been granted on earlier occasions. Therefore, direction should be issued for making similar relaxation considering the provisions of Articles 15 and 16 of the Constitution.