TOPHAN PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) DR . Tophan Pati, the writ petitioner in the present case challenges the order dated 2.1.1998 of the State Administrative Tribunal dismissing his application as to validity of the selection made by the Orissa Public Service Commission, opposite party No. 3 herein, for filling up vacancies in the posts of Junior Teachers, Psychiatry in the Medical Colleges of the State.

(2.) IT is stated in greater details in the writ petition that for appointment of teaching staff in different Medical Colleges of the State, the Orissa Public Service Commission, opposite party No. 3, resorted to absolute illegalities and travelled beyond the Medical Teachers Recruitment Rules, 1979 by taking into consideration marks of the candidates obtained in studies unconnected with Medical studies and putting them at par with marks obtained in Medical studies.

(3.) IT is highlighted that this appointment of the petitioner vide Annexure -2 was extended from time to time and on the date of filing of this writ application also the petitioner continued as a Lecturer in the discipline of Psychiatry. Attention of this Court is drawn to the fact that for recruitment in teaching branch in the Medical Colleges in the State, statutory rules under the proviso to Article 309 of the Constitution of India have been framed known as 'the Orissa Medical Education Services (Recruitment) Rules, 1979. As per the said Rules of 1979, recruitment to the posts of Junior Teachers (Lecturers) in any speciality or higher speciality is made by the Orissa Public Service Commission by following the procedure as envisaged in Rule (4) thereof.