JUDGMENT I. M. QUDDUSI, J. : These three writ petitions have been filed against the common judgment and order dated 29.7.1998 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in a batch of Original Applications which are O.A. No.3729(C) of 1996 filed by Dr. Baikuntha Narayan Mishra, (peti¬tioner in O.J.C. No.13446 of 2000), O.A. No.1882(C) No.1995 and O.A. No.1783(C) of 1997 both filed by Dr. P. K. Mohanty(petition¬er in O.J.C. No.11593 of 1998) and O.A. No.1740(C) of 1995 filed by Dr. B.N. Mishra (petitioner in O.J.C. No.13446 of 2000). O.J.C. No.12376 of 1995 has been field by Dr. Ramanarayan Dash, against the impugned judgment and order, who was respondent Nos.3 and 5 in O.A. Nos. 3729(C) of 1996 and O.A. No.17831(C) of 1997 respectively. 2. The dispute involved in this case relates to the re¬cruitment to the posts of Junior Teacher (Lecturer) in the disci¬pline of Paediatric Surgery in Medical Colleges and attached Hospitals under the State Government from amongst the Asst. Surgeons working under the State Government/State Government undertakings having the minimum requisite qualification. 3. The brief facts of the case are that in the year 1992 the Health and Family Welfare Department invited applications for appointment of Jr. Teachers in different disciplines including paediatric Surgery in the Medical Colleges and its attached Hospi¬tal of the State of Orissa for filling up two posts one from General category and another from Scheduled Caste for the purpose of Ad hoc appointment for a period of one year. The qualification for holding such post was P.G. Degree in the concerned speciality and having experience of at least one year. But a condition was mentioned therein that if the candidates with P.G. qualification are not available, the Government may consider the case of the candidates without P.G. qualification subject to the stipulation that in the event of their selection in the concerned disciplines they must complete P.G. within the stipulated time and serving in the respective colleges. 4. It was also mentioned therein that in case of non-availability of suitable candidates of the reserved category, the post reserved for them may be filled up by General candidate. The post in question was within the purview of Orissa Public Service Commission(in short, “OPSC”) and as such the Department of Health and Family Welfare had no jurisdiction to make appointments on regular basis without consulting the OPSC. 5. The post in question was within the purview of Orissa Public Service Commission(in short, “OPSC”) and as such the Department of Health and Family Welfare had no jurisdiction to make appointments on regular basis without consulting the OPSC. 5. In the result of the aforesaid selection, Dr. B. N. Mishra and Dr. P. K. Mohanty, who were undisputedly not qualified to hold the post in question on regular basis, as they were having only Masters degree in Surgery, were given ad hoc ap¬pointments which were challenged by Dr. P. K. Jena, who was qualified to hold the post of Junior Teacher (lecturer) in paedi¬atric Surgery, by filing O.A. No.2809 of 1994 before the Tribu¬nal, which was disposed of vide order dated 4.7.1995 directing the State Government to fill up the post by regular appointment and the Orissa Public Service Commission was also directed to initiate the process of recruitment and furnish their recommenda¬tion within four months from the date of receipt of a copy of that Judgment. The Tribunal had also directed that the posts of Asst. Surgeons were also be filled up in the interest of increas¬ing of the infant mortality rate in the State. Consequent upon that direction, Dr. B.N. Mishra and Dr. P. K. Mohanty both, who were holding the post of Asst. Surgeon and had lien on those posts were reverted to the post of Asst. Surgeon by the Depart¬ment of Health and Family Welfare vide their order dated 4.11.1995, which was challenged by Dr. P. K. Mohanty and Dr. B. N. Mishra by filing O.As. No.1882(C) of 1995 and No.1740(C) of 1995 respectively in which the Tribunal clarified that there was no direction in the earlier O.As. wherein it was directed to fill up the post of Junior Teacher on regular basis that these two persons be reverted. They had also sought for continuance of service on which it was directed by the Tribunal that Dr. P. K.Mohanty and Dr. B. N. Mishra were allowed to continue till regular appointment was made. 6. Thereafter the Orissa Public Service Commission adver¬tised two posts of Junior Teacher (Lecturers) in paediatric Surgery in Class-II of the Orissa Medical Education Service in the scale of pay of Rs.2200-75-2800-100-4000/ with usual D.A. and other allowance as admissible under the rules of Government of Orissa from time to time, vide Advertisement No.8 of 1996/97. For the said post only Asst. For the said post only Asst. Surgeons working under the State Govern¬ment/State Government Undertakings/Lecturers working under the Medical Colleges and its Hospitals and holding postgraduate degree and having at least one year experience were eligible. 7. It was specifically mentioned therein that in-service doctors with P.G. Degree but without the prescribed experience and those with P.G. Degree who are not in service doctors may also apply, but they will be considered only if those working Asst. Surgeons/Lecturers under the State Government/State Govern¬ment Undertakings with prescribed qualifications are not avail¬able. Out of the above mentioned two posts, one was reserved for Scheduled Castes and another one for General category. However, it was specifically mentioned therein that the number of vacan¬cies to be filled up on the basis of the recruitment was subject to change without notice depending upon the exigencies at the discretion of government. 8. In pursuance of the above advertisement, Dr. B. N. Mishra had only applied but his application was rejected by the Commission at the preliminary stage. Therefore, he filed O.A. No.744 of 1996 before the Tribunal which was disposed of on 8.7.1996 with direction that Dr. B. N. Mishra and all other applicants who had applied within the stipulated date and who had M. Ch. qualification or satisfied the alternative condition in the advertisement should be considered by the Commission. Dr. P. K. Mohanty, who had not acquired M. Ch. degree had also applied taking advantage of the said direction of the Tribunal. Prior to this Dr. Mohanty had filed O.A. No.1882(C)/95 stating that he should be allowed to take part in the selection in spite of his not acquiring the M. Ch. degree, but the same was disallowed by the Tribunal and a view was taken by the Tribunal that it would be better to postpone the selection and direction was issued to the Commission to fix another date. Accordingly, the Commission issued a telegram cancelling the interview, which was scheduled to be held on 27.5.96. Against the interim order of the Tribunal passed in the pending O.As. Accordingly, the Commission issued a telegram cancelling the interview, which was scheduled to be held on 27.5.96. Against the interim order of the Tribunal passed in the pending O.As. dated 24.5.96 for postponing the interview passed in O.A. No.1882(C) 95, SLP was filed before the apex Court,which was dismissed by the apex Court on 27.1.1997 with the observation that the Public Service Commission had con¬ducted the process of selection and the results thereof was declared and the said selection was the subject matter of O.A. No.3729 of 1996 directing the Tribunal to dispose of the Original Application as expeditiously as possible. 9. It is necessary to mention here that the O.P.S.C. conducted the interview on 14.10.96. Dr. P. K. Mohanty though not qualified was called for interview. However, the Dr. B. N. Mishra appeared in the interview on 14.10.96 but did not qualify. The Commission recommended Dr. P. K. Jena and Dr. R. N. Das in order of merit to the post of Junior Teacher in paediatric Surgery vide their letter of recommendation dated 14.10.96. As already men¬tioned above, two posts of Junior Teacher in Paediatric Surgery were advertised. Out of the said two posts, one was reserved for Scheduled Castes and another was kept open for general category with a condition that the number of vacancies filled up was subject to change without notice at the discretion of the Govern¬ment. The question before the Government was to make appointment for both the posts after dereserving the vacancies, but at the initial stage the Government had decide to appoint only one candidate. Therefore, Dr. P. K. Jena, was given appointment. Thereafter Dr. P. K. Mohanty filed O.A. No.1783 of 1997 challeng¬ing the entire selection with a prayer for regularization of his service as Junior Teacher. 10. The Tribunal disposed of all the above mentioned O.As. vide impugned order, inter alia, holding that Dr. P. K. Mohanty and Dr. B. N. Misra had not minimum requisite qualification at the time of advertisement, and therefore, the prayer to postpone the selection till they acquire eligibility was not acceptable. The selection conducted by the O.P.S.C. was upheld. The appoint¬ment of Dr. P. K. Jena was also upheld. But in respect of ap¬pointment of Dr. R. N. Dash the Tribunal has held that he did not lack eligibility for the post but his appointment was against a reserved vacancy. The selection conducted by the O.P.S.C. was upheld. The appoint¬ment of Dr. P. K. Jena was also upheld. But in respect of ap¬pointment of Dr. R. N. Dash the Tribunal has held that he did not lack eligibility for the post but his appointment was against a reserved vacancy. Therefore, the same was quashed with the direc¬tion that the department should dereserve the existing vacancy and take first step to fill up the post. But the post was to be regularly filled up. There would be no bar to allow Dr. R. N. Dash to continue on the post purely on Ad hoc basis for a period of 45 days. 11. The relevant paragraph 18 of the impugned judgment of the Tribunal is quoted as under :- “(i) The selection conducted by the Commission on 14.10.96 is not vitiated by any mala fide or illegality and is not viola¬tive of the interim order dt. 24.5.96 passed in O.A. 1882(c)/95. The select list furnished by the Commission is upheld. (ii) the prayer of Dr. Mohanty and Dr. Mishra to postpone the selection till they acquire eligibility is not acceptable. (iii) The appointment of Dr. P. K. Jena is upheld. (iv) Dr. R. N. Das does not lack eligibility for the post but his appointment is quashed as he had been appointed against a reserved vacancy. (v) The decision of the Department to dereserve the S.C. vacancy is quashed and they are directed to initiate steps within one month from the date of receipt of this judgment for conduct¬ing a special recruitment exclusively for S.C. candidates. The vacancy may be dereserved under orders of the competent authority if no S.C. candidate is available after the special recruitment. (vi) Till the post is regularly filled up in the manner indicated above, there would be no bar to let Dr. R. N. Das to continue in the post on purely ad hoc basis in spells of 45 days. Such continuance shall not confer any right on him to claim regular appointment against that vacancy at a later stage. (vii) There was violation of the interim order of the Tribu¬nal in reverting Dr. Mohanty to the periphery without obtaining leave, but for the reasons indicated in para 17(xi), this does not amount to willful disobedience calling for initiation of contempt proceeding against the Department.” 12. (vii) There was violation of the interim order of the Tribu¬nal in reverting Dr. Mohanty to the periphery without obtaining leave, but for the reasons indicated in para 17(xi), this does not amount to willful disobedience calling for initiation of contempt proceeding against the Department.” 12. Being aggrieved by the part of the decision of the Tribunal, Dr. P. K. Mohanty and Dr. B. N. Mishra have filed OJC Nos.11593 of 1998 & 13446 of 2000 respectively and against the quashing of selection, Dr. Ramanarayan Dash has filed O.J.C. No.12376 of 1998. 13. We have heard learned counsel for the parties at length. 14. Learned counsel appearing for Dr. P. K. Mohanty and Dr. B. N. Mishra could not dispute the fact that at the time of advertisement neither of these persons were possessing the mini¬mum requisite qualification. Therefore, both were not qualified and were not eligible to be considered pursuant to the advertise¬ment to the post of Junior Teacher (Lecturer) in Paediatric Surgery for which the minimum qualification was M.Ch. 15. In view of the above mentioned facts, when these two persons were not eligible, in our view, they had no locus standi to challenge the selection made pursuant to the advertisement in question. Therefore, the Tribunal has erred in not dismissing the O.As. being not maintainable and proceeded further. In so far as the question of quashing of appointment of Dr. R.N. Dash is concerned, his appointment was quashed not on the basis of lack of qualification, but on the alleged ground that he was appointed against the reserved vacancy. 16. In the above regard, it is necessary to peruse the Orissa Reservation of Vacancies in Posts and Services for Sched¬uled Castes and Scheduled Tribes Act, 1976, (in short, “O.R.V. Act”) Sections 6, 7 and 9, of the aforesaid Act, which are relat¬ed to the procedure regarding dereservation of vacancies and is relevant, for this case, are reproduced as under :- “6. Exchange of reservation between the Scheduled Castes and Scheduled Tribes - The reserved vacancies in appointments shall be exchanged between the Scheduled Castes and Scheduled Tribes in the event of non-availability of candidates from the respective communities, but the vacancies reserved for a particular communi¬ty shall continue to be reserved for that community only for two recruitment years and if candidates are not available for appoint¬ment in particular reserved vacancies in the third year, the vacancy so filled by exchange shall be treated as reserved for the candidates of that particular community who are actually appointed: Provided that nothing in this Section shall apply to re¬served vacancies in appointments in respect of Class III and Class IV posts and services. 7. Carry-forward of reservation de-reservation- If, in any recruitment year, the number of candidates either from Scheduled Castes or Scheduled Tribes is less than the number of vacancies reserved for them even after exchange of reservation between the Scheduled Castes and Scheduled Tribes, the remaining vacancies may be filled up by general candidates after de-reserving the vacancies in the prescribed manner, but the vacancies so de-reserved may be carried forward to subsequent three years of recruitment : Provided that in the years following the recruitment year the normal reserved vacancies together with the vacancies carried forward shall not exceed fifty per cent of the total number of vacancies of the year in which recruitment is made and the excess over fifty per cent of the reserved vacancies shall be carried forward to subsequent years of recruitment. Provided further that the provisions of this Section shall not apply to the reserved vacancies to be filled up by promotion on the basis of selection where such promotion is to be made :- (a) from Class III posts to Class II posts, (b) within Class II posts, (c) from Class II posts to Class I posts, and (d) from posts, in the lowest rung of Class I. Provided also that nothing in this Section shall apply to the vacancies reserved in respect of Class III and Class IV posts, if candidates are not available for filling up such re¬served vacancies these remaining vacancies shall be filled up by holding fresh recruitment only from candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, and Sub-sec.(5) of Section 9 shall not apply to such vacancies.” “9. Manner of initial recruitment - (1) For recruitment through Employment Exchange, in the requisition sent to the Exchange, the number of vacancies reserved for Scheduled Castes and Scheduled Tribes shall be specified against the total number of vacancies. (2) For recruitment made through the Orissa Public Service Commission or any Selection Board on the basis of competitive examination or interview, the advertisement shall specify the number of vacancies reserved for Scheduled Castes and Scheduled Tribes against the total number of vacancies. [3] In the case of direct recruitment otherwise than by written examination in respect of reserved vacancies in such non-technical and quasi technical posts in Class III and Class IV, as may be notified by the State Government, the best among the available Scheduled Caste and Scheduled Tribe candidates may be selected, provided they possess the minimum qualification required for the post or service. [4] If the required number of Scheduled Caste and Scheduled Tribe candidates are not available for filling up the reserved vacancies a fresh recruitment may be made only from candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, for filling up the remaining reserved vacancies. [5] If after holding such fresh recruitment candidates belonging to the Scheduled Castes or the Scheduled Tribes are still not available or if the number of such candidates is less than the number of reserved vacancies, the vacancies which remain unfilled shall be filled up by general candidates in accordance with the procedure laid down in Sections 6 and 7.” 17. Above quoted Section 6 provides regarding exchange of reservation between the Scheduled Castes and Scheduled Tribes, but that provision shall apply only where vacancies are adver¬tised for Scheduled Castes and Scheduled Tribes both. But in case the vacancy is reserved only for Scheduled Caste, there would be no question of exchange of the vacancies. 18. In respect of Section 7 as quoted above, it is to be noticed that it has been provided therein that if, in any re¬cruitment year, the number of candidates either from Scheduled Castes or Scheduled Tribes is less than the number of vacancies reserved for them, the remaining vacancies may be filled up by general candidates after deserving the vacancies in the pre¬scribed manner, but the vacancies so de-reserved may be carried forward to subsequent three years of recruitment. 19. 19. Therefore, in view of the above, the vacancies reserved for Scheduled Castes was liable to be dereserved in case of non-availability of suitable S.C. candidates, but in the prescribed manner. Since the post in question reserved for the Scheduled Castes was within the purview of Public Service Commission, no other provision except given in Section 9 was applicable to the same. According to Sub-section (4) of Section 9 as quoted above, if the required number of Scheduled Caste and Scheduled Tribe candidates are not available for filling up the reserved vacan¬cies a fresh recruitment may be made only from candidates belong¬ing to the Scheduled Castes and Scheduled Tribes, as the case may be, for filing up the remaining reserved vacancies. Sub-section (5) thereof provides that after holding such fresh recruitment, candidates belonging to the Scheduled Castes or Scheduled Tribes are still not available or if the number of such candidates is less than the number of reserved vacancies, the vacancies which remain unfilled shall be filled up by general candidates in accordance with the procedures laid down in Sections 6 and 7. Therefore, before de-reserving the vacancies reserved for the Scheduled Caste, in view of Sub-section (4) of Section 9, a fresh recruitment was liable to be made only from candidates belonging to the Scheduled Castes. It appears that the matter was placed before the Chief Minister for filling up the post after making de-reservation, but the Chief Minister directed that the vacan¬cies would be advertised for one more chance and thereafter de-reservation would be made and Dr. R.N. Dash (petitioner in O.J.C. No.12376 of 1998) be appointed. Accordingly the vacancy in the post of lecturer of Paediatric Surgery only for Scheduled Caste category was advertised subsequently by the O.P.S.C. vide its advertisement No.3 of 1997-98 indicating the total number of vacancies to be one in Paediatric Surgery specialist and reserved for Scheduled Caste only. The last date of receipt of application was 10th September, 1999. Thereafter, the OPSC vide its letter No.6125 (P.S.C.) dated 25.9.97 addressed to the Secretary to Government of Orissa, Health and Family Welfare Department, Bhubaneswar informed that there was no eligible scheduled caste candidate in the three disciplines including Paediatric Surgery. The letter of Orissa Public Service Commissioner is quoted here¬under :- “ORISSA PUBLIC SERVICE COMMISSION CUTTACK No.6125/P.S.C., DT : 25/9/97 FROM : SRI K. N. SAHOO, Secretary. The letter of Orissa Public Service Commissioner is quoted here¬under :- “ORISSA PUBLIC SERVICE COMMISSION CUTTACK No.6125/P.S.C., DT : 25/9/97 FROM : SRI K. N. SAHOO, Secretary. To The Secretary to Government of Orissa, Health & Family Welfare Department, Bhubaneswar. Sub : Recruitment to the Junior Teaching posts (Lecturers) in different disciplines in Class-II of O.M.E.S. Ref : Health Department letters NO.13339/H. dt. 21.4.97 No.17952/H dt. 24.5.97 and No.35888/H. dt. 2.9.97. Sir, I am directed to state that applications were invited in advertisement No.3 of 1997-98 for recruitment to Junior Teaching Posts (Lecturers) in different disciplines in Class-II of O.M.E.S.T. single post advertised in the discipline of paediatric Surgery was reserved for Scheduled Caste candidates. Similarly one post each in the disciplines of S.P.M. & Surgical Gastroen¬terology was reserved for Scheduled Tribe candidates. In response to the said advertisement no application has been received from any Scheduled Castes/Scheduled Tribes candidates in respect of the disciplines of (i) paediatric Surgery (ii) S.P.H. and (iii) Surgical Gastroentorology. As such there is no eligible S.C./S.T. candidate in the above three disciplines. This is for kind information of the Govt. Sd/Secretary” After receiving the above quoted letter the government dereserved the vacancy of Junior Teacher (lecturer) in paediatric surgery on 3.10.1997. 20. Therefore appointment order Dr. Ramanarayan Das to the post of Junior Teacher/Lecturer in paediatric Surgery was issued in the name of Governor by the Government of Orissa in Health and Family Welfare Department on 6.10.97. 21. Contrary to the above facts, the Tribunal has given perverse finding in this regard as under :- “Thus before dereservation, special recruitment examination exclusively for SC and ST as the case may be, is necessary. There is no indication that a special recruitment examination was held. The stand taken by the Department is that even though the post meant for SC was advertised thrice, no SC candidate applied and after this position was confirmed by the Commission, they resort¬ed to dereservation after obtaining orders of the Chief Minister who is the competent authority.” 22. It may be noticed here that during pendency of the writ application the OPSC pursuant to the request on the State Govern¬ment had made another advertisement to fill up the existing vacancy of Junior Teacher/Lecturer Paedartric Surgery in compli¬ance with the impugned order passed by the Tribunal. 23. In the instant writ petition also an interim order was passed in Misc. 23. In the instant writ petition also an interim order was passed in Misc. case No.693 of 2005 dated 18.8.2005 by this Court to the effect that if the process of selection was started during pendency of the writ petition, the same shall be continued but the petitioner Dr. Ramnarayan Dash shall be allowed to continue as Junior Teacher/Lecturer in Paediatric Surgery as he was con¬tinuing on the date of the interim order i.e. on ad hoc basis, until further orders and no appointment on the fresh selection shall be made without leave of this Court. 24. Pursuant to the above interim order the process of selection was continued by the OPSC as a result of which Dr. Prasanta Kumar Tripathy and Dr. Rabinarayana Mohapatra moved application i.e. Misc. Case Nos.100 and 144 of 2006 respectively for intervention with the allegation that their names were recom¬mended by the Commission for the post of Junior Teacher/Lecturer in Paediatric Surgery. The intervention applications were allowed by order dated 28.3.2006. By Misc. Case Nos.101 and 145 of 2006 these two interveners also moved to this Court for seeking leave of this Court for issuing appointment order to the post of Junior Teacher/Lecturer in Paediatric Surgery in pursuance of the recom¬mendation of the OPSC. On which vide order dated 28.3.2006 it was directed that it would be open for the opposite parties 3 and 4 to appoint regularly selected person by the OPSC as Junior Teach¬er (Lecturer) in Paediatric Surgery subject to availability of posts but the petitioner shall be allowed to continue as Junior Teacher/Lecturer in Paediatric Surgery as he was continu¬ing on the same terms and conditions on which he was given ini¬tial appointment. At the time of conclusion of argument, we were informed that the department was going to consider the promotion to the post of Assistant Professor from amongst the junior Teach¬er/Lecturer in Paediatric Surgery and it was apprehended by the learned counsel for the petitioner, Ramanarayan Dash that since the Tribunal has already quashed his appointment he may not be considered for promotion. As indicated above, we have passed interim order that the question of promotion to the post of Asst. Professor, may be considered, but the result of promotion shall not be published till disposal of the writ petition and if any D.P.C. is held for consideration of promotion to the post of Asst. As indicated above, we have passed interim order that the question of promotion to the post of Asst. Professor, may be considered, but the result of promotion shall not be published till disposal of the writ petition and if any D.P.C. is held for consideration of promotion to the post of Asst. Professor in Paediatric, the same shall abide by the deci¬sion of the writ petition. 25. In view of the facts and circumstances mentioned above, we have come to the conclusion that the Tribunal has committed manifest error of law in considering the validity of selection and appointment in question on the post of Junior Teacher/Lectur¬er in Paediatric Surgery while holding that the applicants in the O.As. before the Tribunal, namely, Dr. P. K. Mohanty and Dr. B. N. Mishra were not possessing the minimum requisite qualification i.e., M.Ch degree at the time when recruitment in question was held, as in our opinion, they had no locus standi to challenge the selection and appointment. Further, the Tribunal has also committed manifest error of law in quashing the appointment of the petitioner, Dr. Ramanarayan Dash in O.J.C. No.12376 of 1998, on the ground that he was appointed against a reserved vacancy whereas in fact, his appointment was made after dereserving the vacancy in accordance with the provisions of Section 9 of the O.R.V. Act. However, the Tribunal has rightly up held the re¬cruitment/selection conducted by the O.P.S.C. dated 14.10.1996 and also rightly held that the payer of Dr. P. K. Mohanty and Dr. B. N. Mishra to postpone the selection till they acquire eligi¬bility, is not acceptable. 26. Therefore, in respect of the appointment of the peti¬tioner, Ramanarayan Dash, it is clear that his name was recom¬mended by OPSC at Sl. No.2 in the merit list vide OPSC Notice No.0385/PSC dated 14" October, 1996 for the post of Junior Teach¬er (Lecturer) in the speciality of Paediatric Surgery pursuant to the advertisement No.8 of 1996-97. The OPSC had sent information to the Government while recommending two names of general catego¬ry including the name of Dr. Ramanarayan Dash that no suitable candidate for the vacancy reserved for Scheduled Caste category could be available for recommending against the said post. There¬after, the post was advertised only for the scheduled caste candidates vide advertisement No.3 of 1997-98. The OPSC had sent information to the Government while recommending two names of general catego¬ry including the name of Dr. Ramanarayan Dash that no suitable candidate for the vacancy reserved for Scheduled Caste category could be available for recommending against the said post. There¬after, the post was advertised only for the scheduled caste candidates vide advertisement No.3 of 1997-98. Later on vide letter dated 25.9.1997, the OPSC had again informed the State Government that no suitable candidate for S.C./S.T. category became available as no application was received for being recom¬mended for the post in question. Thereafter only the State Govt. dereserved the said post on 3.10.1997 and consequently, the petitioner Ramnarayan Dash was appointed vide order dated 6.10.97. Therefore it is clear that he was appointed only after the advertisement specially for the recruitment of the Scheduled caste candidate was made (as provided in Section 9 of the ORV Act) and thereafter when the post was dereserved and Dr. Ramana¬rayan Dash was given appointment. Thus the appointment of Dr. Ramanarayan Das was perfectly made in accordance with the proce¬dure prescribed under Sections 7 and 9 of the ORV Act (which is already quoted above) 27. In the result, the writ petition O.J.C. No.11593 of 1998 (Dr. P. K. Mohanty v. State of Orissa and others) and O.J.C. No. 13446 of 2000(Dr. Baikuntha Narayan Mishra v. The Orissa Administrative Tribunal) are dismissed being devoid of merit and the writ petition O.J.C. No.12376 of 1998 (Dr. Ramanarayan Dash v. The Orissa Administrative Tribunal and others) is allowed. The part of the impugned order by which the appointment of Dr. Ramanarayan Dash has been quashed by the Tribunal as well as the other part of the impugned order by which decision of the Depart¬ment concerned to dereserve the S.C. vacancy was quashed and also the consequential direction issued by the Tribunal for conducting special recruitment exclusively for the S.C. candidate and conti¬nuity of Dr. R. N. Dash only on purely ad hoc basis are also quashed. Consequently the regular appointment of Dr. Ramanarayan Dash pursuant to his selection by OPSC shall be continued as the same is a valid appointment order. There shall be no order as to costs. N. PRUSTY, J. I agree. Two petitions dismissed and one allowed.