CUTTACK : The Supreme Court on Friday admitted a special leave petition (SLP) challenging a Orissa High Court order that had endorsed the notification in which Odisha Public Service Commission (OPSC) had shortlisted 1,104 candidates as part of process for recruitment of 796 assistant section officers (ASOs) in Group B posts of Odisha Secretariat Service.
The division bench of Justice JK Maheswari and Justice Sudhanshu Dhulia issued the notices to both the state government and OPSC and posted the matter to after four weeks for consideration along with the replies of the respondents.
The apex court issued the notices on the SLP filed by Rajat Kumar Mishra, who was not among the shortlisted candidates.
Mishra has challenged the high court’s December 22 judgment. As part of the recruitment process, OPSC had conducted a written examination on August 27, 2022.
While 1,48,888 candidates appeared the examination, OPSC on November 7, 2022, notified a list of 1,104 candidates shortlisted for computer-based skill test which was approximately 1.5 times the 796 vacancies advertised.
Earlier, Mishra and four others had challenged introduction of cut-off marks for different subjects for preparing merit list after the written examination in the high court. Acting upon it, a single judge bench of Justice AK Mohapatra had quashed the merit list on May 19, 2023, and directed OPSC to prepare a fresh merit list on the basis of aggregate marks and notify them within two months.
Later, on July 31 Justice Mohapatra also confirmed quashing the order while rejecting a review petition.
Subsequently, two separate writ appeals filed by Kabita Jena and Satyabrata Nayak who were among those shortlisted in OPSC’s merit list notified on November 7, 2022 and another writ appeal by OPSC challenged the order of the single judge bench.
Delivering judgment on the three writ appeals, the division bench of Acting Chief Justice BR Sarangi and Justice MS Raman on December 22 termed the May 19, 2023 order of the single judge as ‘absolutely misconceived’ and quashed it.
The single judge bench had held that OPSC had no authority to introduce cut-off marks for different subjects for preparing merit list after the written examination.
However, in the December 22 judgment the division bench said, “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 so as to cause interference.”