Court Directs Odisha Legislative Assembly to Issue Appointment Letters Within Four Weeks
In a significant judgment, the Orissa High Court has overturned the cancellation of the recruitment process for the posts of Reporters in the Odisha Legislative Assembly, originally initiated through an advertisement dated January 26, 2021. The decision was handed down by Justice Sanjay Kumar Mishra, who found the cancellation arbitrary and contrary to the principles of res judicata, as the issue had already been adjudicated and settled by a coordinate bench of the High Court.
The recruitment process, which began with an advertisement for seven Reporter positions, saw petitioners Sourava Rout and others successfully clear all stages and secure top positions on the merit list. However, despite their selection, the process was abruptly cancelled by the Selection Board, citing alleged irregularities and non-verification of original documents.
The petitioners challenged the cancellation, arguing it was illegal and arbitrary, especially since a previous judgment had found no procedural flaws in the selection process. The High Court, referencing the earlier judgment, emphasized that the selection process had been fair and transparent, and the cancellation lacked valid justification.
The court reaffirmed that mere selection does not confer a vested right to appointment, but arbitrary denial of appointment by the state or its instrumentality is against Articles 14 and 16 of the Constitution of India. The burden of justifying such denial lies with the employer, and in this case, the state failed to provide a rational reason for the cancellation.
Justice Mishra directed the Odisha Legislative Assembly to issue appointment letters to the petitioners within four weeks, upholding the integrity of the earlier selection process. The judgment reinforces the principle that recruitment processes in public employment must be fair, transparent, and free from arbitrariness, ensuring that selected candidates are not denied their rightful opportunity without valid grounds.
Bottom line:-
Recruitment process - Cancellation of selection process post-publication of a valid merit list due to alleged irregularities - Principle of res judicata applies when the issue has already been adjudicated and attained finality.
Statutory provision(s): Articles 14 and 16 of the Constitution of India, Rule 7(2) of the Orissa Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1983
Sourava Rout v. Odisha Legislative Assembly, (Orissa) : Law Finder Doc id # 2938682
