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Judgment
Dr S.K. Panigrahi, J
1.This matter is taken up through hybrid mode.
The petitioner has filed this writ petition challenging the appointment order dated 28.06.2022.
Heard.
Learned counsel for the petitioner submits that Opposite Party No.2 issued an advertisement on 19.4.2022 for the appointment for post of Asst. Professor on contractual/ Deputation basis in different disciplines. In the Department of Anesthesiology, initially 2 nos. of vacancies was advertised but later, the vacancies were increased to 3 vide notice dated 13.05.2022. Similarly, In Department of Pathology 8 nos. of posts were advertised.
In the notice dated 13.5.2022, the qualification prescribed was MD or equivalent Degree but for the purpose of assessment of merit, weightage was only given to mark secured in the Matriculation, Intermediate and MBBS examinations. In addition to the requirement of submission of all the certificates, one of the documents required to be submitted was a “Chance Certificate” of MBBS /MD /MDS/DNB /MSc (Medical) Examination indicating the number of attempts taken to complete the examination.
The Petitioners had applied against the said advertisement and were called for document verification. During the document verification, the Opposite Party did not point out any deficiency. However, many of the applicants in various Departments did not have a particular certificate called “Chance Certificate” of MBBS /MD MDS /DNB /MSc (Medical) indicating the number of attempts made in these examination. The Petitioners have cleared their MD examination in the 1st chance itself. A chance certificate is only required for the purpose of
negative marking i.e. deduction of 1 mark for each chance of examination written for clearing the said exam. Since the Petitioners had cleared the first chance, the “Chance Certificate” was not so essential. Further, the pass certificate of the Petitioners also stated that they had completed the exam in 2018 as regular candidate. Thus, the information which the Chance Certificate would have given, was actually on record in the pass certificate itself.
On 22.6.2022, a provisional selection list was published in which the Petitioners were shown as holding the 3rd (Anesthesiology) and 8" (pathology) rank in terms of merit, but they were rejected on the ground of non-submission of MD Chance Certificate.
Learned Counsel for the petitioner further submits that some of the candidates were selected through verification had not submitted the Chance Certificate but procured the same at the date of verification dated 25.5.2022 as they were students of VIMSAR which is situatated in close prximiity of the venue of verification. The names of those candidates are as follows.
1.Gourangcharan Prusty, in the Department of Pathology;
2.Sunil Kumar Ka, in the Deprtmnet of Orthopedic
Debendra Kumar Nayak, in the Departmnet of O & G
Khursboo Agarweal, in the Department of Pharmacology
S.K.Das, in the Department of Pediatrics
Rajesh Ludum, in the Community Medicine
S.K.Agarwal, in the Community Medicine
Chinmay Kar, In the Department of Surgery
ZParamit Ballav Panagrahi, in the Department of Surgery
The Petitioners' non-submission of Chance Certificate regarding MD exam does not affect their merit assessment and thus their candidatures should not have been rejected.
Moreover, the information whether they completed MD at first attempt was otherwise available to the Opposite Party No. 1 and 2 in form of Pass certificate. Thus, there is substantial compliance of the requirement of Chance Certificate. Therefore, candidatures of the Petitioners should not have been rejected.
He further submits that the Opposite Parties have otherwise also allowed other candidates to submit Chance certificate on the date of verification. However, this chance was not provided to the Petitioners nor were they informed in the venue that their candidatures will be rejected on that ground. The Petitioner No. 1 as per the order had also submitted his objection to the OP for making him non-suited.
Additionally, the Petitioner No. 1 is higher up in merit than Opposite Party No. 3. As far as Petitioner No. 2 is concerned there still exist 2 unfilled vacancies.
In view of the above issue notice to the opposite parties.
Since the Additional Standing Counsel accepts notice on behalf of the opposite party Nos.1 and 2, two extra copy of the petition be served on him to take instruction in the mater and also on the entire record dated 25.02.2022 in order to verify whether the candidates have procured chance certificate on the very date of verification.
Issue notice to the opposite party No.3 through Regd. Post with A.D/Speed post returnable by 6th of July, 2022. Requisites shall be filed in course of the day.
List this matter on 8th of July, 2022.
I.A. No. 8754 of 2022
As an interim measure, the O.P No. 3 shall not be allowed to join in the post till the next date, if not joined. Further, the unfilled post of Asst. Professor in Pathology shall not be filled up without leave of the Court.
Issue urgent certified copy as per Rules.
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