Cuttack, May 4: Orissa High Court yesterday reserved judgment on a PIL on the validity of the appointment of 378 candidates in the Odisha Civil Service (OCS) in August 2010.
The court is expected to give its verdict on the legality of appointments made by diversion of unreserved posts to reserved category. It is also expected to give its judgement on the validity of appointment of candidates selected for Class II posts and Specially Declared Gazetted Class I posts and in Class II posts respectively.
Besides, an intervention petition had challenged the advertisement issued by the Odisha Public Service Commission (OPSC) for the OCS Examination – 2011 and the selection process undertaken thereof while the PIL is pending disposal. The court had refused to impose any restrictions on conducting written examination, but made prior permission from it necessary for the OPSC to conduct the viva-voce for the OCS-2011.
Advocate Sharada Prasad Mahanti had filed the PIL. The division bench of Chief Justice V. Gopala Gowda and Justice B.N. Mohapatra reserved judgment after closing hearing on the case yesterday, following completion of submissions by petitioner counsel Ashok Kumar Mohapatra and OPSC counsel Bijay Das.
The OPSC had undertaken the selection process after inviting applications in October 2006 for recruitment in the posts and services in Category – I (Class II posts of Odisha Administrative Service, Odisha Finance Service, Odisha Cooperative Service, Odisha Employment Service and Odisha Welfare Service) with Rs 6,500 as a basic pay scale and services in Category II (Specially Declared Gazetted Sub-Registrar and Odisha Settlement & Consolidation Service) with a basic pay scale of Rs 5,500.
After completion of the selection process the OPSC had recommended 378 candidates in June 2010. Subsequently, the state government had issued a notification in August 2010 on their appointment.
But, the PIL challenged the appointment on the ground that candidates belonging to the reserved category had been appointed against unreserved posts. Of the 378 candidates the OPSC had recommended 70 scheduled caste candidates against 62 vacancies and 122 socially and economically backward class (SEBC) candidates against 40 vacancies.
As a result eight scheduled caste candidates and 82 SEBC candidates had been included in the unreserved category, the PIL contended.
The legality of appointment of candidates, originally selected for Class II, in Class I posts with Rs 15,600 basic pay (in place of Rs 6,500 basic pay as mentioned in advertisement) and Specially Declared Gazetted in Class II posts with basic pay scale of Rs 6,500 (in place of Rs 5,500 basic pay as mentioned in advertisement) was also questioned.
