CUTTACK: The Orissa High Court has acknowledged that the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes & Scheduled Tribes) Act, 1975 provides for de-reserving posts for general category candidates that remain vacant in the SC & ST category even after several years of recruitment. However, a single judge Bench of Justice BR Sarangi said, “In view of such position, this Court is of the considered view that it is not justified to issue a direction to the appropriate government to de-reserve the posts.”
The court took the stand on Wednesday while disposing of a petition filed by 173 un-reserved category doctors seeking direction to the State government to de-reserve 1,505 posts of medical officers that remain vacant in the SC and ST category.An advertisement was issued for recruitment to the post of medical officers (assistant surgeon) in Group-A (Junior Branch) of the Odisha Medical & Health Services Cadre under Health & Family Welfare Department in 2021-22. The number of posts advertised was 1,871 of which 576 were for SC category and 985 for ST.
The petitioners pointed out that the posts meant for reserved category are not being filled up from 2015-16 till date. More so, every year vacancies available for SC & ST category are being carried forward to next recruitment calendar and in the meantime seven such hiring processes have already been conducted but the posts are yet to be filled up.Advocate Avijit Mishra argued the case for the petitioners citing sections 6 and 7 of the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes & Scheduled Tribes) Act, 1975.
Taking note of it, Justice Sarangi acknowledged that in the aforementioned provisions, it is made clear that if in any recruitment year, the number of candidates either from SC or ST categories is less than the number of vacancies reserved for them even after exchange of reservation between the categories. Thus, the remaining vacancies may be filled up by general candidates after de-reserving the vacancies in the prescribed manner after carrying forward the vacancies for three years of recruitment.