Narayan Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 3735 of 2016 Narayan Mallick .....

Petitioner None Vs.

State of Odisha and others .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

16.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

None appears for the Petitioner at the time of Call. Heard Mr. A.K. Mishra, learned Additional Government Advocate for the State. Perused the record.

3.

The Petitioner has filed this Writ Petition seeking to quash the final interview result and the appointment order and also to direct Opposite Party No.2 to issue appointment order in his favour. 4.

A Counter Affidavit has been filed by Opposite Party No.2 and at paragraph-11 thereof it has been stated as follows:- "That in reply to Paragrpah 6.8 of the Original Application, it is humbly submitted that the contention made in this Para is not tenable. The Respondent Authorities have not violated any of the terms and conditions of the advertisement. The Respondent No. 5 was the candidate in pursuance of the advertisement dated 24.06.2015 and the rest 05 candidates including the applicant were the candidates in pursuance of the advertisement dated 22.08.2015. Totally, 06 candidate were called to attend the interview on 06.02.2016. Five candidates including the applicant attended the interview. The Respondent No.5, being the topper in

the merit list was considered for appointment under UR category as per ORV Act and Rules, although he belongs to SC category. The applicant of the O.A. had scored second highest marks and hence, he was not considered for appointment due to non-availability of post under UR category. In the advertisement, only one post under UR category was advertised."

5.

In view of the above, the relief sought by the Petitioner cannot be granted and as such, the Writ Petition stands dismissed. Arun (DR. B.R. SARANGI) JUDGE