Ahalya Malik And Another vs State Of Odisha And Others

A.K.Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

The present writ petition has been filed by the Petitioners with the following prayers:-

“The petitioner therefore most respectfully prays that your lordships may be graciously pleased to admit this writ application and issue a Rule Nisi to the opposite parties to show cause as to why:

i. the Opp. Parties shall not be directed to complete the process of recruitment to the post of warder so far as the reserved criteria of Home Guard warder in terms of the advertisement published online for recruitment to the post of Jail Warder in Odisha Prisons under Home Jails Departments as per Annexure-1 read with Rules, 2022 and take steps to fill up the post advertised for Baripada Circle having 5 post vacant.

ii. the petitioner shall not be considered for selection and appointment to the post of warder under the reserved category of home guard considering the fact that they have qualified the PET test as well as the CBRE written test and have been issued with the marks sheet and are entitled for selection on the basis of their marks.

iii. the Opp. Parties shall not be directed to consider the case of the petitioner for the post of warder as they are the only candidates who have approached this Hon’ble Court as well as the authorities vide their representation dated 13.03.2023 as per Annexure-10 series pending before the authorities being the eligible candidates for the vacant posts of the reserved category of home guards and the petitioner no.2 being the only ladies candidates would be considered for the post of warder under the sports quota category under the Baripada Circle.

iv. the inaction of the opp. parties in not filling up the post of home guard pursuant to the selection done under the Baripada Circle shall not be considered as illegal and arbitrary and violative of Article of 14 and 16 of the Constitution of India.

And

On their failing to show cause or showing insufficient cause make the said Rule Nisi absolute.

And

Pass such other further order/orders as may be deemed fit and proper under the facts and circumstances of the case.”

It is submitted by Mr. Rajib Rath, learned counsel appearing for the Petitioners that the Petitioners appeared in the recruitment test pursuant to advertisement under Annexure-1 issued by the Odisha Prisons Recruitment Board (OPRB) for recruitment of 403 posts of Jail Warder. He further contended that the Petitioners although qualified, however, they have not been given appointment. He further contended that 7 posts in the Category of Home Guard are still lying vacant and such posts are not been filled up. He further submitted that the final select list indicates two names under the Home Guard Category, i.e., Tapan Kumar Mahalik and Firoza Begum. He further submitted that these two candidates led to the Baripada Circle and have joined as Constable (Civil) under the Bhadrak District and Balasore District respectively. Therefore, all 7 posts reserved for Home Guard Category are lying vacant at the moment for the post of Jail Warder. Accordingly, it is submitted by Mr. Rath that the Petitioners who belonged to the Home Guard Category and applied for appointment under the Baripada Circle may be considered against the existing vacancies. He further contended that the Petitioners had approached the Director (Director General of Police-cum-I.G. of Prisons & Director, Correction Services), Bhubaneswar by filing a representation dated 13.03.2023 under Aneexure-10 ventilating their grievance, however, till date no decision has been taken on such representation.

Learned Additional Standing Counsel appearing for the State-Opposite Parties, on the other hand, submitted that since the Petitioners have already approached the Opposite Party No.3-Director (Director General of Police-cum-I.G. of Prisons and Director, Correction Service), Bhubaneswar, the Opposite Party No.3 be directed to consider the representation of the Petitioners in accordance with law within a stipulated period of time.

Considering the submission made by the learned counsel for the respective parties, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.3 to consider the representation of the Petitioners dated 13.03.2023 under Annexure-10, if the same is still pending, in the Home Guard Category, if any is still lying vacant, within a period of six weeks from the date of communication of this order. The decision so taken on such representation shall be communicated to the Petitioners within two weeks thereafter.

With the aforesaid observation and direction, the writ petition stands disposed of.

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