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2004 DIGILAW 147 (ORI)

ANUP KUMAR BEHERA v. STATE OF ORISSA

2004-03-12

P.K.MOHANTY, PRADIP MOHANTY

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JUDGMENT : Pradip Mohanty, J. - The petitioner's application u/s 19 of the Administrative Tribunals Act, 1985 having been dismissed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, he has filed this writ application under Articles 226 and 227 of the Constitution. 2. In a nutshell, the case of the petitioner is that he has obtained degree of Bachelor of Engineering from Regional Engineering College, Rourkela. On 22.3.2003 an advertisement was published in daily 'Sambad' by the Department of water Resources, State of Orissa for engagement of Stipendiary Engineers on a consolidated remuneration of Rs. 5,000/- per month. Pursuant to the said advertisement, the petitioner made his application and on his selection, order of engagement was issued on 22.7.2003 posting him as Assistant Engineer, M.I.I. Sub-Division, Rayagada, for a period of six months where the petitioner joined on 8.4.2003. It was stipulated in the offer of appointment that the Stipendiary Engineers shall have to appear before the Orissa Public Service Commission and those considered suitable will be appointed as regular C. Es. as per Orissa Service of Engineering Rules, 1941 and those who will fail to qualify in the test conducted by the O.P.S.C. will neither be renewed nor be regularised. The appointment order further reflects that the engagement is subject to passing test in Oriya language up to VII Class standard. Since petitioner was a student of Kendriya Vidyalaya without having passed any test in Oriya, he appeared Oriya test conducted by the Board of Secondary Education and obtained a certificate of passing Language Test Examination (M. E. Standard) in Oriya. Prior to the advertisement made by the Water Resources Department, the O.P.S.C. had published advertisement No. 3 of 2002-2003 on 1.2.2003 inviting applications for recruitment of Assistant Engineer (Civil/Mechanical) in Class-II of Orissa Engineering Services under the Department of Water Resources for S.C. and S.T. candidates fixing the last date for receipt of application as 25.3.2003. The petitioner applied for the same with an undertaking that he shall submit the pass certificate in Oriya as required in Para - 5 (iii) of the aforesaid advertisement. The petitioner applied for the same with an undertaking that he shall submit the pass certificate in Oriya as required in Para - 5 (iii) of the aforesaid advertisement. Accordingly, after obtaining the certificate issued by Board of Secondary Education, Orissa dated 3.6.2003 in support of his passing Language Test Examination (M.E. Standard) in Oriya, he submitted the same on the very same day in the O.P.S.C. As the petitioner did not receive the call letter for the interview which was scheduled to be held on 26.8.2003, he inquired from the office of the O.P.S.C. and learnt that call letter has not been issued to him as he could not produce a pass certificate in Oriya. Against that, the petitioner approached Orissa Administrative Tribunal, Cuttack Bench in O.A. No. 2429(C) of 2003. By the impugned order the Tribunal has dismissed the original application. Challenging the said order of the Tribunal the petitioner has filed the present writ application. 3. A counter affidavit has been filed by the O.P.S.C. in which it is stated that on the basis of the requisition and draft advertisement received from the Water Resources Department in their letter No. 1815/WR dated 16.1.2003, the Commission had issued advertisement No. 3 of 2002-2003 inviting applications from S.C. and ST. candidates for filling up of 383 posts of Assistant Engineer (Civil) in Class-II of Orissa Engineering Services. The O. P. S. C. in its counter further states that in para - 5(iii) of the advertisement No. 3 of 2002-2003 it was stipulated that candidate should be able to speak, read and write Oriya and should have had Oriya as a language subject in the Upper Primary (Middle School) or any equivalent examination or has been declared to have passed a test in Oriya language equivalent to the Middle English School Standard conducted by the School and Mass Education Department of Government of Orissa. The aforesaid Para - 5(iii) of the advertisement issued by the O.P.S.C. was in consonance with the resolution No. 21388/Gen. dated 12.9.1984 issued by the Government in General Administration Department. It is further stated in the counter affidavit that taking the aforesaid Para-5(iii) into consideration the application of the petitioner was rejected by the O.P.S.C. for not passing language test in Oriya equivalent to M.E. Standard. 4. dated 12.9.1984 issued by the Government in General Administration Department. It is further stated in the counter affidavit that taking the aforesaid Para-5(iii) into consideration the application of the petitioner was rejected by the O.P.S.C. for not passing language test in Oriya equivalent to M.E. Standard. 4. Para - 5(iii) of the advertisement No. 3 of 2002-2003 reads as follows : "The candidate should be able to speak, read and write Oriya and should have had Oriya as a language subject in the Upper Primary (Middle School) or any equivalent examination or has been declared to have passed a test in Oriya language equivalent to the Middle English School Standard conducted by the School and Mass Education Department of Government of Orissa." It appears from the advertisement that the last date for receipt of application was 25.3.2003. Therefore, the candidates who fulfil the requisite qualification as on 25.3.2003 are eligible for consideration. 5. Keeping the aforesaid eligibility condition in view, it is to be seen whether the learned Tribunal has committed any wrong in dismissing the petitioner's Original Application. On careful reading of the materials available on record, it is seen that the advertisement in question was published on 1.2.2003 fixing the last date for receipt of application as 25.3.2003 and the date of interview was 26.8.2003. The certificate showing that the petitioner has passed the Language Test Examination (M.E. Standard) under Annexure-6 of the Original Application in Oriya held on 11.5.2003 has been issued on 3.6.2003. Undisputedly therefore the certificate in question was issued subsequent to the last date of receipt of the application. Thus, it is crystal clear that the petitioner did not fulfil the requisite qualification till the last date for receipt of the application. The O.P.S.C. was justified in not issuing call letter to the petitioner to appear at the interview. In view of the aforesaid, we are not inclined to interfere with the finding of the learned Tribunal. In the result, the writ petition is dismissed. P.K. Mohanty, J. 6. I agree. Final Result : Dismissed