High CourtsSingle Bench

Dr. Dali Meher vs State of Odisha & Ors

Orissa High Court · Decided on 7 September 2022 · Citation: (2022) 09 OHC CK 0045

HON’BLE JUDGES
Dr S.K. Panigrahi, J
CASE NUMBER
Writ Petition (C) No.23080 Of 2022

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Judgment

12 paragraphs · 388 words

Dr S.K. Panigrahi, J

1.This matter is taken up through hybrid mode.

2.

Though this matter was not listed today, on being mentioned, it was taken up today through hybrid mode.

3.

Heard learned counsel for the petitioner and learned counsel for the O.P.S.C./opposite party No.2.

4.

The petitioner challenges the Notice dated 03.09.2022 issued by the OPSC wherein the petitioner’s Roll Number does not figure under the heading of “PROGRAMME OF VERIFICATION”

5.

Learned counsel for the petitioner submits that as per Clause-6 of the advertisement, OPSC shall prepare the list of candidate in order of merit on the basis of written test which shall be equal to the Number of Advertised vacancies. Similarly, Rule-5(4) of 2021 of OMES Rules, OPSC is duty bound to prepare the list of candidates in order of merit on the basis of written test which shall be equal to number of advertised vacancies.

6.

It is further submitted that the merit list which is to be prepared, at least should indicate 16 nos. of persons in the discipline of Anatomy as the number of post advertised are 16. Any lesser number is only permissible in case less than 16 number of applicants are in the fray. As per the advertisement, the qualifying marks shall be decided by the OPSC under OMES Rule-2021. However, the exact qualifying mark has not been laid down or any other methodology for fixing the qualifying marks does not get reflected in the said Rules.

7.

Learned counsel for the OPSC further submits that the total 16 candidates applied in the discipline of Anatomy against 16 vacancies and 9 candidates of U.R. category were called for verification of documents against 8 vacancies.

8.

In view of the above, learned counsel for the OPSC is to check whether Rule -5(4) of 2021 OMES Rules has been followed strictly or not. He is also directed to furnish the details of the candidates indicating the nativity and percentage of qualifying marks fixed by the OPSC and how many candidates have actually secured the qualifying marks over. The said report be placed before the Court in sealed cover by 9th of September, 2022.

9.

List this matter on 9th of September, 2022.

10.

Free copy of the order be given to the learned counsel for the State for necessary compliance.

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