JITESH KUMAR NAYAK Vs. ORISSA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THESE three writ petitions arise out of a common judgment dated 02.09.2008 passed by the Orissa Administrative Tribunal in O.A. Nos. 1046 (C), 1467 (C), 843 (C) and 1630 (C) of 2008. The same were, therefore, heard together and are being disposed of by this Judgment.

(2.) THE case of the petitioners in W.P.(C) Nos. 3981 and 2992 of 2009 is that the Orissa Public Service Commission, (hereinafter 'OPSC) made an advertisement being No.8 of 2006 -07 dated 19.08.2006 for admission to the Orissa Civil Services Examination, 2006 for recruitment to the posts and services coming under the Orissa Civil Services (Category I and II) and the said examination was to be conducted as per the Orissa Civil Service (Combined Competitive Recruitment Examination) Rules, 1991. The said advertisement was originally for 289 posts, which was subsequently increased to 401 by corrigendum dated 06.10.2006. Thereafter the number was reduced to 380, vide notification dated 03.11.2006. Another corrigendum dated 19.02.2007 making certain variation in the reservation for ex -servicemen candidates was issued without changing the number of posts, i.e. 380.

(3.) THE aforesaid Resolution of the State Govt. dated 17.01.2008 was challenged before the Orissa Administrative Tribunal as by reserving 15.75% vacancies for SEBC, the total number of reserved vacancies exceeded 50% of the vacancies. The Tribunal by an interim order dated 15.05.2008 directed the OPSC to publish 15.75% of the results in favour of unreserved categories and directed to defer the Main Examination at least for three months so that all the eligible candidates could appear in the Main examination. The OPSC challenged the said order dated 15.05.2008 of the Tribunal before this Court in W.P.(C) No. 7608 of 2008 and this Court on 23.05.2008 passed the following orders: