CUTTACK: The Orissa High Court has refused to consider the issue of alleged faults in the present promotional system under the Odisha Technical Education & Technical Services (OTE & TS) Rules, 1985.
A petition was filed in 2016 by one Giridhari Gaana seeking the HC’s direction to bring changes in the recruitment procedure for senior positions (like principals, senior faculty members) to get better incumbents in the technical education service, particularly in the field of polytechnics education.
Hearing the petition on Tuesday, the Court found that the State government had filed a counter affidavit stating that amendments to the OTE & TS Rules were implemented from time to time to bring more clarity in its rules. Government had stated that a common gradation list has been prepared under the provisions of OTE &TS Rules and promotions to the higher ranks like senior lecturers, principals, joint directors and additional directors are made with due regard to the seniority in the common gradation list. The affidavit stated that the petitioner was under misconception that the AICTE Act has an overriding effect on the State Rules.
Taking note of the government’s contentions, the division bench of Chief Justice S Muralidhar and Justice BP Routray said that considering the nature of averments made, the PIL which was filed questioning the service conditions of different posts under the OTE&TS Rules is not found maintainable. The State government had alleged that in the nature of PIL, it is a proxy petition in reality by a group of employees who had lost their case before the Odisha Administrative Tribunal.