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2019 DIGILAW 226 (ORI)

Sabyasachi Lenka v. State of Odisha

2019-03-19

B.R.SARANGI

body2019
JUDGMENT : B.R. SARANGI, J. 1. The petitioners, who were selected as constables under the Odisha Industrial Security Force (OISF) by the State Selection Board, Odisha Police, Cuttack pursuant to advertisement issued in December, 2015 under Annexure-1, have filed this writ petition to quash orders dated 28.04.2016 in Annexures-5, 6 and 7 respectively, by which their names have been removed from the second revised select list and eliminated from the appointment as constables in OISF on re-measurement of height. 2. The factual matrix of the case, in hand, is that the State Selection Board, Odisha Police, Cuttack issued an advertisement in December, 2015 under Annexure-1 for recruitment of 1370 constables in OISF. Pursuant thereto, the petitioners, along with several others, applied for and participated in process of selection, which consisted of written test, physical measurement test and physical fitness test. The written test carrying 25 marks consisted of multiple choice questions in Odia language, English language, Arithmetic, General Knowledge, Aptitude test and Logical reasoning. The petitioners, being qualified in the written test, were examined by the medical board and found physically fit. Thereafter, the petitioners attended physical measurement test, which consisted of height, chest and weight measurement; 1.6 km run; high jump; broad jump; rope climbing; swimming; cross country; etc. For General and SEBC candidates, the height requirement was 168 cm and for Scheduled Caste 163 cm. It was provided that if height of a candidate exceeded 178 cm, he would be entitled to get 3 bonus marks. As height of petitioner no.1 was found to be 178 cm, he got 3 marks as bonus, which was duly signed and certified by the Chairman and 7 other members. Similarly, so far as petitioners no.2 and 3 are concerned, their heights were found to be 168 cm and 163 cm respectively, which was the requirement as per the advertisement, duly signed by the Chairman and other seven members of the selection committee. All the three petitioners, having cleared the required three tests, were asked to report before the Principal, Police Training Institute, Bayree, Jajpur by 23.04.2016 positively, as per appointment (provisional) letters issued on 17.04.2016 vide Annexures-2, 3 and 4 respectively. While undergoing training, heights of the petitioners were remeasured and found to be less than the requirement. All the three petitioners, having cleared the required three tests, were asked to report before the Principal, Police Training Institute, Bayree, Jajpur by 23.04.2016 positively, as per appointment (provisional) letters issued on 17.04.2016 vide Annexures-2, 3 and 4 respectively. While undergoing training, heights of the petitioners were remeasured and found to be less than the requirement. Consequentially, their names were removed from the select list and eliminated from appointment pursuant to orders dated 28.04.2016 vide Annexures-5, 6 and 7 respectively. Hence this application. 3. Mr. G.A.R. Dora, learned Senior Counsel appearing for the petitioners contended that during recruitment process height of the petitioners no.1, 2 and 3 were measured and found to be 178 cm, 168 cm and 163 cm respectively, which was the requisite height, and all other items under physical test were of requisite standard. The petitioners, having satisfied the physical fitness of requisite standard, qualified in the written test. After recruitment/selection process was over and approval of select list by the Director General of Police, as the petitioners were found fit in all respect, appointment (provisional) letters dated 17.04.2016 were issued to them and they were asked to report for training, which they did on 23.04.2016. As per clause-10 of the advertisement, after appointment only physical fitness of the candidates can be re-examined at any point of time, but not the height. In other words, there is no mention in the advertisement that height can be remeasured during training period. Thus, re-measurement of height is contrary to the advertisement. Therefore, removal of petitioners' names from the select list and elimination from appointment as constable is illegal, arbitrary, unreasonable and contrary to the provisions of law, which violates Articles 14 and 16 of the Constitution of India. 4. Mr. B. Senapati, learned Additional Government Advocate raised preliminary objection with regard to maintainability of the writ petition. He argued with vehemence that as the height of the petitioners was not as per requirement, in course of training when the said measurement was taken it was found that the petitioners did not possess the required height. Therefore, action has been taken, pursuant to orders dated 28.04.2016 in Annexures-5, 6 and 7 respectively, to remove the petitioners' name from the second revised select list and eliminating them from appointment as constables in OISF. Therefore, action has been taken, pursuant to orders dated 28.04.2016 in Annexures-5, 6 and 7 respectively, to remove the petitioners' name from the second revised select list and eliminating them from appointment as constables in OISF. He supported the action of the authority concerned and contended that if the action has been taken by the authority in consonance with the advertisement, no illegality or irregularity has been committed so as to warrant interference of this Court at this stage. 5. This Court heard Mr. G.A.R. Dora, learned Senior Counsel appearing for the petitioners and Mr. B. Senapati, learned Additional Government Advocate appearing for the opposite parties. Pleadings having been exchanged, with the consent of learned counsel for the parties, this writ petition is being disposed of finally at the stage of admission. 6. In view of the facts pleaded above and rival contentions raised by learned counsel for the parties, the following issues are formulated:- (i) Is the writ petition maintainable? (ii) If the writ petition is held to be maintainable, whether re-measurement of height of the petitioners, which was made by the opposite parties, is legally permissible even after recruitment process was over, final select list was published and appointment was made? (iii) Any other relief the petitioners are entitled to? 7. Issue No.(i): Is the writ petition maintainable? A preliminary objection with regard to maintainability of the writ petition was raised in course of argument on 21.01.2019 and this Court passed the following order:- "Heard Mr. G.A.R. Dora, learned Sr. Counsel for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate. Mr. A.K. Mishra, learned Additional Government Advocate contended that since the petitioner applied for selection to the post of Orissa Industrial Security Force and seeking recruitment under the State authority, the writ petition is not maintainable. Mr. G.A.R. Dora, learned Sr. Counsel for the petitioner seeks time to obtain instruction in the matter. List after two weeks. Instruction be obtained in the meantime." Mr. G.A.R. Dora, learned Senior Counsel appearing for the petitioners brought to the notice of this Court the provisions of sub-sections (a), (d) and (i) of Section 2 of the Odisha Industrial Security Force Act, 2012 and contended that the writ application is maintainable before this Court. Subsections (a), (d) and (i) of Section 2 of the Odisha Industrial Security Force Act, 2012 read thus:- "2. Subsections (a), (d) and (i) of Section 2 of the Odisha Industrial Security Force Act, 2012 read thus:- "2. In this Act, unless the context otherwise requires,- (a) "autonomous body" means an institution wholly or partially run on the funds or grants of, or controlled by, the Central Government or the State Government; xx xx xx (d) "Force" means the Odisha Industrial Security Force constituted under section 3; xx xx xx (i) "member of the Force" means a person appointed to the Force under this Act;" Section 3 thereof deals with constitution of Force; Section 4 envisages appointments and powers of the supervisory officers; and Section 5 deals with appointment and enrolment of the members of the Force. On perusal of the aforementioned provisions, it is seen that OISF is an institution wholly or partly run on the funds or grants of, or controlled by the Central Government or the State Government. As such, it is an autonomous body. The State Government by notification constitute and maintain Armed Force of the State called Odisha Industrial Security Force for better protection and security of industrial undertakings owned by the Government, industrial undertaking in public sectors, private industrial undertakings and establishments. Section 2 (a) of the Administrative Tribunal Act, 1985 states that Act not apply to certain persons. Sub-section (a) of Section-2 states that the provisions of this Act means Administrative Tribunal Act shall not apply to any member of the naval, military or air forces or of any other armed forces of the Union. In view of expressed definition contained in Section 2 of Odisha Industrial Security Force Act, 2012 and constitution of force under Section 3 of the said Act, since it comes under Section-2(a) of Administrative Tribunal Act "any other armed forces", which excludes the jurisdiction of the Tribunal, in that case the writ application is thus maintainable and thereby the issue is answered in affirmative. 8. Issue No.(ii): If the writ petition is held to be maintainable, whether re-measurement of height of the petitioners, which was made by the opposite parties, is legally permissible even after recruitment process was over, final select list was published and appointment was made? Before answering this issue, it is worthwhile to recapitulate that the State Selection Board, Odisha Police, Cuttack issued an advertisement in December, 2015 under Annexure-1 for appointment of 1370 constables in State level under the OISF. Before answering this issue, it is worthwhile to recapitulate that the State Selection Board, Odisha Police, Cuttack issued an advertisement in December, 2015 under Annexure-1 for appointment of 1370 constables in State level under the OISF. As per the advertisement, applications in prescribed form were to reach respective district Superintendent of Police on or before 04.01.2016 and any application received after the date fixed was to be rejected. The category-wise vacancy position was as follows:- Un-Reserved (50%) S.E.B.C. (11.25%) S.C. (16.25%) S.T. (22.50%) Total Posts 685 154 223 308 1370 Male (85%) Female (15%) Male (85%) Female (15%) Male (85%) Female (15%) Male (85%) Female (15%) Male (85%) Female (15%) 582 103 131 23 189 34 262 46 1164 206 Apart from this, some posts were reserved for the Home Guards, Retired Armed Personnel and Sports Personnel candidates as per the reservation rules and Government circulars. For the purpose of selection, candidates were to undergo physical measurement, physical fitness and written examination. Clause-9(A) of the advertisement, which prescribes requirement of minimum physical measurement of the candidates, reads thus:- Sl. No. Category Height Weight Chest Women Unexpanded Expanded Height Weight 1 UR/SEBC 168cm 55 kg 79 cm 84 cm 158 cm 47.5 cm 2 SC/ST 163 cm 50 kg 76 cm 81 cm 153 cm 45 kg Clause-10 of the advertisement prescribes the procedure for conducting physical measurement/physical fitness examination. It was specifically mentioned therein that for selection of candidates, physical measurement and physical fitness examination, along with written test, would be conducted. For physical fitness examination, it may so happen, there would be application of technology. Before or after physical fitness, a test would be conducted by the committee of Unit Selection Board, in order of ascertain physical deficiency of a candidate, whose decision would be final. At any stage of the recruitment process, examination or re-examination of physical deficiency could be conducted. Besides that, physical measurement and physical fitness tests for different categories of candidates could be conducted on different dates. In that regard, the concerned Superintendent of Police would impart necessary information to the candidates. So far as physical measurement is concerned, it was specified that in the event height of a candidate would be 178 cm if the height is more than that, he would get 3 marks as bonus. In that regard, the concerned Superintendent of Police would impart necessary information to the candidates. So far as physical measurement is concerned, it was specified that in the event height of a candidate would be 178 cm if the height is more than that, he would get 3 marks as bonus. It was also indicated that for the purpose of physical fitness, the candidates were to undergo different events, such as, running, high jump, long jump, rope climbing, swimming and cross country, etc. 9. With due compliance of the terms and conditions set out in the advertisement under Annexure-1 and after undergoing the rigorous tests prescribed therein, the petitioners got qualified in the physical measurement, physical fitness tests and the written test, and provisionally selected for appointment as constables in OISF on 17.04.2016 vide Annexures-2, 3 and 4. Accordingly, provisional appointment letters were issued to the petitioners subject to medical fitness by the medical officer, as well as verification of documents, character and antecedents, and also grant of performance-cumidentity card. As petitioner no.1 belonged to SEBC category having 178 cm height, he got 3 marks as bonus, as the requirement for unreserved category candidate was fixed to 168 cm. As such, after the physical measurement, signatures of the Chairman and seven other members of the selection committee were obtained and clearance certificate was also given in favour of petitioner no.1. Similarly, petitioner no.2, who belonged to SEBC category and whose height was recorded as 168 cm, was also granted performancecum-identity card and clearance certificate was also issued in his favour under the signatures of the Chairman and seven other members of the selection committee. So far as petitioner no.3 is concerned, he belonged to SC category and his height being 163 cm, the Chairman and seven other members of the selection board issued performance-cum-identity card along with clearance certificate in his favour. As per clause-10 of the advertisement, there is no provision for physical re-measurement of the candidates after recruitment process is over, save and except examination/reexamination of physical deficiency at any stage of recruitment process. 10. Now, question comes once physical measurement, physical fitness and written test were done and select list was approved and on that basis the petitioners, being found fit in all respect, were asked to report for training which they did on 23.04.2016, whether in the midst of training physical measurement is permissible. 11. 10. Now, question comes once physical measurement, physical fitness and written test were done and select list was approved and on that basis the petitioners, being found fit in all respect, were asked to report for training which they did on 23.04.2016, whether in the midst of training physical measurement is permissible. 11. As per pleadings available on records, paragraphs-4, 5 and 6 of the writ petition read as follows: "4. That the selection process consisted of written test, physical test and physical fitness. The written test carrying 25 marks consisted of multiple choice question in Odia language, English language, Arithmetic, General reasoning. 5. That the petitioners were found eligible and participated in the written test and qualified. They were examined by the Medical Board and were found physical fit. 6. That the Physical test consisted of height and chest measurement, weight, 1.6 K.M. run, High Jump, Broad Jump, Rope climbing, swimming, cross country etc. For general and SEBC candidates, the height requirement was 168 C.M. and for Scheduled Caste 163 Cm. if the height is 178 cm, one is entitled to 3 bonus marks." These facts are admitted by opposite parties no.3 and 4 in paragraphs-3 of the counter affidavit. 12. In paragraph-11 of the writ petition, the petitioners have pleaded as follows:- "11. That, during the recruitment process the height of all 3 petitioners was measured and it was 178 cm, 168 cm and 163 cm respectively which was the requisite height and all other items under physical test were of requisite standard. Physical fitness was also of requisite standard and they qualified in the tuff written test. Appointment letters were issued after recruitment/selection process was over and approval of select list by D.G. as per provisions as they were found fit in all respects and were asked to report for training which they did by 23.04.2016." This fact has also been admitted in paragraph-8 of the counter affidavit which reads as follows:- "8. That as regards the averments made in Para-11 of the writ petition, this deponent has no comment to offer." 13. In view of the facts being admitted in the pleadings available on records, it is to be examined the rules governing the field. That as regards the averments made in Para-11 of the writ petition, this deponent has no comment to offer." 13. In view of the facts being admitted in the pleadings available on records, it is to be examined the rules governing the field. In exercise of powers conferred by Section 21 of the Odisha Industrial Security Force Act, 2012 (Odisha Act 7 of 2012) and in supersession of the instructions issued in this regard except with respect to things done or omitted to be done before such supersession, the State Government framed rules to regulate the method of recruitment and conditions of service of the persons appointment to the posts of constables in the State Industrial Security Force called "Odisha Industrial Security Force (Method of Recruitment and Conditions of Service of Constables) Rules, 2014". Some of the provisions of the aforesaid Rules, which are relevant for the purpose of this case, are extracted hereunder: "3. Constitution of the Force :-The Force shall consist of such number of Constables, as may be determined by the Government, from time to time, for the purpose of these rules. xx xx xx 5. Recruitment :-The posts of Constables in force shall be filled up by direct recruitment : Provided that the Government may fill up the posts under the provisions of the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, if the candidate fulfils the eligibility criteria prescribed in these rules subject to relaxation made in the said rules. 6. Selection Board :-(1) The State Selection Board for the purpose of recruitment to the post of Constables shall be constituted by the Government consisting of the following members, namely :- (a) An Additional Director General of Police or the Inspector General to act as the Chairman; (b) One Officer in the rank of Deputy Inspector General of Police member; (c) Commandant posted at Headquarters-Member Convenor; and (d) One representative from each of the Scheduled Tribes and Scheduled Castes Development and Minorities and Backward Classes Welfare Department to be special invitees. (2) The Chairman of the Board shall constitute Unit Level Selection Board for conducting Physical Efficiency Tests at such place and time to be decided by him, consisting of- (a) One Commandant or Superintendent of Police . .Chairman (b) One Additional Superintendent of Police or Deputy Commandant . . Member (c) One Deputy Superintendent of Police . . (2) The Chairman of the Board shall constitute Unit Level Selection Board for conducting Physical Efficiency Tests at such place and time to be decided by him, consisting of- (a) One Commandant or Superintendent of Police . .Chairman (b) One Additional Superintendent of Police or Deputy Commandant . . Member (c) One Deputy Superintendent of Police . . Member-Convenor (d) District Welfare Officer shall act as an invitee of the Board. 7. Eligibility :-(1) A candidate, to be eligible for consideration, must- (a) have passed High School Certificate Examination (Matriculation/10th Class pass) conducted by the Board of Secondary Education, Odisha or an equivalent examination conducted by any other recognized Board or Council; (b) be able to speak, read and write Odia and must have passed Odia as one of the subjects in the High School Certificate Examination or an examination in Odia language equivalent to M.E. standard recognised or conducted by the School & Mass Education Department of Government of Odisha; (c) have registered his name, in one of the Employment Exchanges of the State, before the earliest date of publication of (d) advertisement for recruitment and must not have registration in more than one Employment Exchange; (e) be not less than 18 years of age and not more than 23 (twenty-three) years of age on the 1st day of January of the year in which the advertisement for recruitment is issued : Provided that the upper age limit in respect of candidates belonging to reserved categories, referred Rule 9 shall be relaxed in accordance with the provisions of the Acts, Rules, Orders or Instructions in force for the respective reserved categories; (f) not have more than one spouse living; (g) be of good moral character; and (h) be of sound health and free from organic defects and physical deformity. (2) The candidate must have the minimum physical standard of height, weight and chest as follows:- Category Height Weight Chest Unexpanded Expanded (1) (2) (3) (4) (5) Unreserved/SEBC (Men) 168 Cm 55 Kg. 79 Cm 84Cm Unreserved/SEBC (Women) 158 C.M 47.5 Kg. - - Scheduled Caste/ Scheduled Tribe (Men) 163 Cm 50 kg 76 Cm. 81 Cm Scheduled Caste/ Scheduled Tribe (Women) 153 Cm. 79 Cm 84Cm Unreserved/SEBC (Women) 158 C.M 47.5 Kg. - - Scheduled Caste/ Scheduled Tribe (Men) 163 Cm 50 kg 76 Cm. 81 Cm Scheduled Caste/ Scheduled Tribe (Women) 153 Cm. 48 Kg - (3) Persons with disability and deformity are not eligible for consideration (4) Eligibility of the candidates can be verified at any stage of the recruitment process with respect to their original certificates, actual measurements of height, weight and chest as mentioned in these rules and physical verification for disability or deformity can also be made at any stage of the recruitment process, as considered appropriate by the Unit Level Selection Board. 8. Recruitment Centres :-(1) The Recruitment Centres for Constables shall be decided by the Board. (2) The Board may requisition the services of Government Officials or private persons or agencies to assist the Board in the recruitment process. (3) The Board shall notify, control, supervise and direct the method and process of the recruitment. (4) The Unit Level Selection Board shall conduct the recruitment test under the direction and supervision of the Board. (5) The Chairman of the Board may decide to cunduct combined recruitment in one centre for more than one Unit Level Selection by the Unit Level Selection Board. xx xx xx 11. Recruitment Process :- xx xx xx (4) (a) The Unit Level Selection Board shall start the Recruitment Process by conducting the Physical Measurement. (b) Candidates only qualifying in the physicalmeasurement, shall proceed to the next stage. (c) The Board may decide thereafter the sequence of further tests i.e. Written Test and Physical Efficiency Test. xx xx xx 12. Physical Measurement for all Categories :- (1) Height, Weight and Chest shall be measured to determine the eligibility. (2) 3 (three) bonus marks shall be awarded to all candidates (irrespective of categories) whose height is 178 cms or above. (3) Similarly, all female candidates (irrespective of categories) with height of 165cms and above will get 3 (three) bonus marks. (4) These bonus marks shall be added in total marks while preparing the select list. (5) Candidate who does not qualify in any of the physical standard i.e. (height or weight or chest), shall not be allowed to appear in further recruitment process. 13. Written Test :- (1) The candidates shall be required to appear in a written examination which may consist of objective type multiple choice questions only. (5) Candidate who does not qualify in any of the physical standard i.e. (height or weight or chest), shall not be allowed to appear in further recruitment process. 13. Written Test :- (1) The candidates shall be required to appear in a written examination which may consist of objective type multiple choice questions only. (2) The test shall be preferably in Optical Mark Reader or Optical Code Reader or any other format decided by the Board. (3) Till such arrangements are made, alternative format may be used if deemed necessary. (4) Written test shall be of twenty-five marks and shall consist of multiple choice questions in Odia Language, English Language, Arithmetic, General Knowledge, Aptitude and Logical reasoning, etc. (5) The standard of the questions may be such that a student who has passed High School Certificate Examination shall be able to answer. (6) Different sets of question papers may be prepared, each having the same questions which will be differently serial numbered. (7) The Board may take steps to conduct the Written Test on the same day and at the same time in all the venues as far as practicable. (8) The Board shall fix the date, time and venues for holding written test. (9) The Board shall deputed the Superintendent of Police of the concerned district (in which written test is held) and or any other Senior Officer or Officers to act as the observer or observers during the written test. (10) The candidates not appearing for written test shall be disqualified. (11) The Board shall decide the minimum qualifying marks in the written test. (12) The whole process of setting of question papers and evaluation of Answer Sheets may be outsourced, if considered necessary, by the Board. xx xx xx 21. Select List- xx xx xx (7) The merit list so prepared by the Board shall be placed before the Director-General and Inspector General of Police for approval and after receiving the approval the merit list shall be called the select list." 14. In consonance with the rules mentioned above, the State Selection Board, Odisha Police, Cuttack, having determined the number of constables required for the Force, issued advertisement under Annexure-1 to fill up 1370 number of posts of constable by way of direct recruitment by constituting a Selection Board as per Rule-6 taking into eligibility criteria under Rule-7. In consonance with the rules mentioned above, the State Selection Board, Odisha Police, Cuttack, having determined the number of constables required for the Force, issued advertisement under Annexure-1 to fill up 1370 number of posts of constable by way of direct recruitment by constituting a Selection Board as per Rule-6 taking into eligibility criteria under Rule-7. As per Rule-8, the recruitment centres for constables shall be decided by the Board and the Unit Level Selection Board shall conduct the recruitment test under the direction and supervision of the Board. As per Sub-rule(4) of Rule11 the Unit Level Selection Board shall start the recruitment process by conducting the physical measurement. Then, the candidates only qualifying the physical measurement shall proceed to the next stage, i.e. physical fitness test and thereafter the Board may decide to further tests, i.e. written test and physical efficiency test. Rule-12 provides that physical measurement for all categories has to be done and Rule-13 provides written test. As per the decision of the Unit Level Selection Board, in the present case, after physical measurement was done, physical efficiency test, i.e., physical fitness test was conducted as per Rule-15. The petitioners, having been found suitable, were called for written test. After completion of recruitment test, the Board drawn up a composite merit list of the successful candidates of all categories and the said merit list was prepared in descending order on the basis of aggregate marks in accordance with the vacancies. The merit list so prepared by the Board was placed before the Director-General and Inspector General of Police for approval and after receiving approval it was called select list. As the petitioners' name were found place in the select list, they were issued with provisional appointment order and directed to report for training. While undergoing training, the petitioners were again called for physical measurement test, so far height is concerned, which is not permissible either under the advertisement or under the Rules mentioned above. The order impugned indicates that only after conducting physical measurement, so far height is concerned, the petitioners name have been removed from the second revised select list and eliminated from the appointment as constables in OISF. The order impugned indicates that only after conducting physical measurement, so far height is concerned, the petitioners name have been removed from the second revised select list and eliminated from the appointment as constables in OISF. As such, there is no provision for drawing any second revised select list nor making second physical measurement, so far as height is concerned, after the select list was finalized either under the Rules, 2014 or in the advertisement under Annexure-1. Therefore, the entire action taken by the authority under Annexures-5, 6 and 7 dated 28.04.2016 in removing the names of the petitioners from the second revised merit list and eliminating from the appointment as constables in OISF cannot sustain in the eye of law. 15. In Rakhi Ray v. High Court of Delhi, (2010) 2 SCC 637 : AIR 2010 SC 932 , it has been held by the apex Court that the process of selection begins with the issuance of advertisement and ends with the filling up of notified vacancies. 16. In Andhra Pradesh Public Service Commission, Hyderabad v. B. Sarat Chandra, (1990) 2 SCC 669 the apex Court held that the process consists of various steps like inviting applications, scrutiny of applications, rejection of defective applications or elimination of ineligible candidates, conducting examinations, calling for interview or viva voce and preparation of list of success candidates for appointment. 17. The statement of the Supreme Court appears to be much wider than the true legal position because the selection process, in its accurate sense, is not initiated by the issuance of advertisement. In its true sense the process begins when the stage of evaluation of the merits of the candidates is reached. Generally, the task of selection is assigned to a selection committee. The function of such a committee is to select those amongst the eligible candidates on the basis of merit adjudged by adopting fairly laid down criteria and finally preparing a panel or select list of the successful or selected candidates. 18. In view of the factual and legal matrix discussed above, this Court comes to an irresistible conclusion that the orders passed on 28.04.2016 in Annexures-5, 6 and 7, so far as removal of the petitioners from the second revised merit list and eliminating them from appointment as constable in OISF cannot sustain in the eye of law. 19. 18. In view of the factual and legal matrix discussed above, this Court comes to an irresistible conclusion that the orders passed on 28.04.2016 in Annexures-5, 6 and 7, so far as removal of the petitioners from the second revised merit list and eliminating them from appointment as constable in OISF cannot sustain in the eye of law. 19. While entertaining the writ application, this Court passed interim order on 18.05.2016 directing that three posts of constable in the office of OISF, Cuttack shall not be filled up without leave of this Court. In view of such position, since the impugned orders in Annexures-5, 6 and 7 dated 28.04.2016 have been held to be unsustainable in the eye of law, so far as the present petitioners are concerned, the same are liable to be quashed and accordingly hereby quashed. The petitioners are entitled to continue in their posts/service, pursuant to letters of appointment issued under Annexures-2, 3 and 4 dated 17.04.2016, which are lying vacant by virtue of the interim order passed by this Court, with all consequential benefits, as due and admissible in accordance with law. The opposite parties shall complete the entire exercise by allowing the petitioners to continue in service and grant all consequential benefits within three months from the date of communication of this judgment. 20. The writ petition is thus allowed. No order to cost.