CUTTACK: The Odisha High Court on Friday endorsed the notification in which the Odisha Public Service Commission (OPSC) had shortlisted 1,104 candidates as part of the process for recruitment of 796 assistant section officers (ASOs) in Group B posts of the Odisha Secretariat Service.
The division bench of Acting Chief Justice BR Sarangi and Justice MS Raman on Friday termed the May 19, 2023 order of a single judge bench, which had quashed the merit list and directed the OPSC to draw a fresh one, as “absolutely misconceived” and quashed it.
The OPSC conducted a written examination for the post on August 27, 2022. While 1,48, 888 candidates appeared in the examination, OPSC notified on November 7, 2022, a list of 1,104 candidates shortlisted for computer-based skill test which was approximately 1.5 times the 796 vacancies advertised. Initially, Rajat Kumar Mishra and four others, who were not among the shortlisted candidates challenged the introduction of cut-off marks in different subjects for preparing the merit list.
Acting on it, a single judge bench of Justice AK Mohapatra quashed the merit list on May 19, 2023, and directed OPSC to prepare a fresh list based on aggregate marks and notify them within two months. Later, on July 31, Justice Mohapatra also confirmed the quashing order while rejecting a review petition. Two separate writ appeals were filed by Kabita Jena and Satyabrata Nayak, who were among those shortlisted in the merit list, and another writ appeal by OPSC challenged the order of the single judge.
Delivering its judgment on the three writ appeals, the bench of Acting Chief Justice observed, “As such, the single judge has committed a gross error in interpreting the select list and giving opinion that the same is not in conformity with the terms and conditions of the advertisement, even though there is no illegality or irregularity in the select list to cause interference. The finding arrived at by the learned Single Judge, that in consonance with 2016 Rules, the select list has not been prepared, is a misconceived one.”
The bench directed the OPSC to proceed from the stage of allowing the candidates to go for skill test in computer practical, which is qualifying in nature, based on the select list prepared and thereafter prepare the final merit list.