CUTTACK: A division bench of Orissa high court on Friday quashed the order of a single judge bench directing Odisha Public Service Commission (OPSC) to prepare a fresh merit list for the recruitment of assistant section officers, terming it “absolutely misconceived”.
A single-judge bench of Justice A K Mohapatra had invalidated the merit list notified by OPSC shortlisting 1,104 candidates for the recruitment of 796 ASOs in Group B posts in Odisha Secretariat Service.
Justice Mohapatra had directed OPSC to prepare a fresh merit list on the basis of aggregate marks instead of marks secured in individual subjects by the candidates and notify them. Later, the order was confirmed by Justice Mohapatra while rejecting a review petition.
The division bench of acting Chief Justice B R Sarangi and Justice M S Raman passed the order on Friday while hearing two writ appeals filed by those shortlisted in the merit list notified on November 7, 2022, and another by OPSC.
The division bench endorsed the argument by senior advocate Pradipta Kumar Mohanty, appearing for OPSC, that the select list prepared on the basis of marks secured by candidates in individual subjects in terms of the advertisement, in the absence of any rules, cannot be found faulty to cause interference by the court.
The division bench said the finding of the single judge that OPSC had no authority to fix the minimum qualifying marks subject wise after the written test was over “has no justification”.
“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 so as to cause interference,” the division bench observed, adding, “Thus, the finding arrived at by the single judge, that in consonance with 2016 Rules the select list has not been prepared, is absolutely misconceived one.”
Accordingly, the division bench quashed the May 19 judgment and July 31 ruling of the single judge.
“As a consequence, thereof, OPSC is directed to proceed from the stage of allowing the candidates to go for skill test in computer practical, which is qualifying in nature, on the basis of the select list prepared and thereafter prepare the final merit list,” the division bench said in its 98-page judgment.
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