Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

ORISSA ADMINISTRATIVE TRIBUNAL,
CUTTACK BENCH, CUTTACK
O.A. NO.1737 (C) 98 & Connected cases
D.D. 14.12.1998
Hon’ble Shri. C.Narayanaswamy, Vice Chairman &
Hon’ble Shri P.K.Mishra, Member (Judl.)
Kumari Haripriya Dash & Ors. ... Applicants
Vs.
State of Orissa & Anr. ... Respondents
Recruitment:
Reservation:
Public Service Commission initiated recruitment for 400 posts in Civil Services as provided under
Orissa Civil Services (Combined Competitive Recruitment Examinations) Rules, 1991 – The Preliminary
Examination was a language test in one of the two Indian Languages namely, Hindi and Oriya, which
is intended to be a qualifying test - After recruitment process started the rules are amended by
omitting Hindi as an Indian Language for the preliminary examination – The Commission published a
list of 377 successful candidates which included 22 who had offered the language test in Hindi - The
list of 377 candidates included 19 extra candidates for appointment in case if 22 candidates eliminated
from the list – the G.A. Department decided to eliminate the so called 19 extra candidates from the list
limiting it to 358 to facilitate appointment of 22 candidates who had passed the language test in Hindi
– Among others inclusion of the candidate who took the language test in Hindi in the select list challenged
on the ground that the amendment of rules were retrospective – High Court considering the nature of
the contentions held that all the 144 general candidates included in the select list have to be appointed
and inclusion of 22 candidates who had taken language test in Hindi was upheld taking pragmatic view
and giving complete justice.
Held:
The Departments concerned are expected to determine the number of posts earmarked for each
category in their roster before reporting the vacancies to the G.A. Department. Before allotting a
candidate to some service the preference indicated by him and the availability of vacancies earmarked
for his category in that service are to be considered. If no such vacancy is available in the service for
which he has opted, then he would be allocated to some other service where such a vacancy is
available to adjust him according to the roster. If in the process a candidate who has opted for a
Class-II service is allotted to a specially declared Gazetted service like O.S.C.S. then he would be
eligible to compete for a Class-II service under the proviso to Rule-13 of the Rules.
Cases referred:
Orissa PSC
AIR 1990 SC 405 - P.Mahindran and others Vs. State of Karnataka and others
AIR 1993 SC 477 - Indra Sawhaney vs. Union of India
831