SUDRA PRATAP KARUAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, by means of this writ application, seek to quash the provisional select list of Multi Purpose Assistants (Gram Rozgar Sevak) prepared vide Annexure-4 dated 27.11.2006, and to issue direction to the opposite parties to prepare a fresh select list strictly on the basis of the merit as per the rules and instructions in vogue by considering the candidatures of the petitioners along with others for appointment as G.R.S. in pursuance of the Advertisement dated 11.09.2006 in Annexure-1 within a stipulated time.

(2.) The factual matrix of the case, in hand, is that the petitioners, who are the permanent residents of different villages under Narla Panchayat Samiti (Block) of Kalahandi District, having qualification of 10+2 in different streams, applied for the post of Multi Purpose Assistants (Gram Rozgar Sevak) (in short "MPA(GRS)") pursuant to advertisement dated 11.09.2006 in Annexure-1 issued by the opposite party no.2-Collector and CEO, DRDA, Kalahandi. By the said advertisement, applications were invited in plain papers subscribing the name of the post with detail bio-data from the eligible candidates, along with attested copies of all the relevant certificates and mark sheets, for contractual engagement of candidates/Firm in the Gram Panchayats and Panchayat Samities of Kalahandi district. The petitioners are concerned with serial no.6, Narla Panchayat Samiti (Block) in respect of Baddharpur, Gadebandha, Karmegaon, Kurmel, Mandel, Raksi, Shantpur, Bhanpur, Takarla, Ulikupa Gram Panchayts. More specifically, their case is confined to Kurmel G.P. of Narla Block. The petitioners, having satisfied all the requirements, applied for the post of MPA(GRS). On scrutiny being made by the selection committee, a provisional select was prepared on 27.11.2006. Since the petitioners have not come out successful, they have filed this application. 2. Mr. B.B. Mohanty, learned counsel for the petitioners at the outset assails the select list by alleging that it suffers from the vices of arbitrariness and non-application of mind and hits by mandates of Articles 14, 15 and 16 of the Constitution of India. It is contended that in the selection process, the opposite parties have discriminated the candidates on the ground of place of birth in a particular revenue village/G.P. in contravention of the provision of Constitution. Besides, so far as the advertisement and the scheme of selection, as decided by the competent authority, are concerned the same never intended to fix such criteria or classification so as to eliminate meritorious candidates among all candidates in the fray, only on the ground of place of residence. The select list was prepared by misinterpreting and more so by giving improper interpretation to the word "preference" and the criteria of preference fixed in the advertisement itself. It is further contended that the opposite parties have selected the candidates only on the basis of the residence of particular Gram Panchayat area even though the candidates securing more marks are very much available in the neighbouring Gram Panchayats under the very same Panchayat Samiti (Block), therefore, seeks for quashing of the same. To substantiate his contention he has relied upon the judgment of the apex Court in The Secretary, Andhra Pradesh Public Service Commission v. Y.V.V.R.Srinivasulu, 2003 AIR(SC) 3961:(2003) 9 SCC 34.

(3.) Mr. S. Mishra, learned Addl. Government Advocate contended that the provisional select list was prepared by following due procedure of selection and it is contended that the petitioners belong to Bhanpur Gram Panchayat area and they have applied for the post of MPA(GRS) in other Gram Panchayat, namely, Kurmel Gram Panchayat as the GRS was not vacant in Bhanpur Gram Panchayat, but the selection has been made as per the advertisement giving preference to the candidates of the concerned Gram Panchayat area, since eligible candidates are found in Kurmel Gram Panchayat area, and there is no chance to select the candidates outside the Gram Panchayat. It is further contended that even if the petitioners have secured more marks, they have not been considered for selection of MPA(GRS), as they are not coming under the concerned Gram Panchayat area, where the MPA(GRS) posts are lying vacant. As the selection has been done in consonance with the advertisement itself, by giving preference to the candidates of the very same area, namely, Kurmel Gram Panchayat, the same cannot be said to be illegal or irregular so as to cause interference of this Court in this proceeding.