Dilleswar Mandala vs State Of Odisha And Others

The Petitioner seeks a direction to the Opposite Parties to appoint him to the post of Junior Clerk/Copyist pursuant to an advertisement issued by the District Judge, Gajapati, Paralakhemundi on 29th August, 2018.

Earlier, the Petitioner had approached this Court in W.P.(C) No.17207 of 2020, which was disposed of by this Court on 27th November, 2020 asking the District Judge-cum-Chairman of the District Recruitment Committee, Gajapati to consider his representation.

Pursuant to the said order, the Petitioner's representation was considered and rejected by the impugned order dated 22nd December, 2020. It has been explained in that order that applications were invited by the aforementioned advertisement for filling up of the vacancies of 16 posts of Junior Clerk/Copyist including other categories of Group-C posts in the judgeship of Gajapati. The said 16 vacancies included 7 available in the category of Clerk-cum-Copyist and 9 were supposed to be against the anticipated vacancies in Group-C posts in the event that the new Courts begin to function. It appears that after the process of filling up of all the sanctioned posts, there were 7 number of vacancies in the grade of Junior Clerk-cum-Copyist. These vacancies rose to 10 during the year. Against the 16 candidates selected, 9 got appointment letters and one more vacancy went to a person who had applied under the Rehabilitation Assistance Scheme. However, as regards the remaining candidates who were selected against the anticipated 7 vacancies in the grade of Junior Clerk-cum-Copyist, they could not be given appointment as the other courts for which the advertisement was made have not yet commenced operating as such.

If the selection was against anticipated vacancies and the Courts in question had not yet commenced, it cannot be expected that the Petitioner, who figures in the lsit of the remiaining 7 selected candidates, would be issued an appointment letter.

Consequently, the Court finds no error in the impugned order dated 22nd December, 2020 of the District Judge, Gajapati in rejecting the Petitioner's representation.

The Petitioner is also aggrieved by the fresh advertisement issued on 9th July, 2021 inviting inter alia applications for the post of Junior Clerk/Copyist.

Considering that the waiting list against the anticipated vacancies could not have been continued beyond one year, it is but natural that a fresh advertisement had to be issued.

Consequently, the Court finds no error in the said step as well.

The Court finds no merit in the present petition and it is dismissed as such..

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