Cuttack, Aug. 7: Orissa High Court upheld a tribunal order quashing the appointment of candidates beyond the notified vacancies for the post of constable after a 19-year legal wrangle.

The high court declined to interfere with an order in which the State Administrative Tribunal (SAT) had quashed the appointment of 14 candidates beyond the 66 posts of constables which the authorities had advertised for selection.

It held that the tribunal had committed no error in passing the order quashing the appointment of the candidates.

The state authorities had published an advertisement on September 9, 1995, for filling 66 constables posts under the Reserve Police. As part of the selection process, the authorities drew up a list of 135 candidates on the basis of the candidates' performance in the test held in October 1995. Subsequently, the authorities appointed 80 constables.

The appointment of candidates beyond the notified posts was challenged by some of the unsuccessful candidates in the tribunal. On March 30, 1998, the SAT, Bhubaneswar, quashed the appointment of 14 persons, which was "in excess of the advertisement".

The tribunal also condemned the state authorities.

The 14 affected candidates challenged the tribunal order in the high court that same year. The petition had since languished in the court. It was disposed on July 24, 2017. A copy of the judgment is in possession of The Telegraph.

The division bench of Justice Sanju Panda and Justice S.N. Prasad said: "Taking into consideration the factual aspect as well as the settled proposition of law, we are of the considered view that the tribunal has not committed any error in passing the order impugned."

"Accordingly, we are not inclined to interfere with the order impugned," the bench said in its order.

The petitioners had urged the high court to remit the matter to the tribunal for fresh adjudication, claiming that their arguments were not heard before the order was passed.

"This argument is not acceptable to us for the reason that even if it will be remitted before the tribunal, the factual aspect would not be changed regarding notified vacancy," the division bench observed.

"Moreover, it is the state action which has been said to be illegal by quashing appointments made after 66 candidates having in the panel," it said.

State authorities did not dispute the appointment of candidates beyond the notified vacancies.

The case records indicated that though 66 vacancies were advertised, there were 80 vacancies when the selection process was undertaken.

So, the names of 80 candidates who had secured the highest marks in both the physical test and the interview were considered by the selection committee for appointment. Accordingly, 80 candidates were appointed as constables in Bhubaneswar police district.