CUTTACK: The Orissa High Court has ruled that poor academic records of candidates cannot be used as a basis to question their high ranking performance in a recruitment examination and disqualify them merely on that ground.The ruling came on Thursday, while considering a batch of 252 petitions that had challenged Odisha Subordinate Staff Selection Commission’s (OSSSC) October 10, 2925 order disqualifying them for a place in the merit list for recruitment to posts of Livestock Inspector, Forester and Forest Guard posts.The OSSSC had rejected the claim of the petitioners for appointment on grounds of adoption of unfair means during the written examination, but with a rider that, they should take another test of similar nature to justify their eligibility and to retain their position in the provisional merit list.The HC noted that the Commission had not received any adverse report from any of the 94 centres, regarding any illegality or irregularity regarding the conduct of the written examination.Accordingly, Justice Biraja Prasanna Satapathy observed: “Since petitioners having poor academic record have secured high rank in the recruitment test, it cannot on mere assumption be taken as a ground to make them ineligible and to direct them to appear a further test in order to make them eligible to keep their position in the select list.”
The dispute stemmed from the recruitment process for 719 Livestock Inspector posts, 316 Forester posts and 1,677 Forest Guard posts. While 8,496 candidates cleared the written test conducted between April 24 and May 7, 2024, only 8,159 were allowed to appear for the physical test. The remaining 337 were barred over suspected use of unfair means.Later, following a high court order, the barred candidates were permitted to take the physical test, where 314 of them qualified.
However, their candidature was again put under scrutiny, with authorities insisting they undergo a fresh qualifying test to retain their place in the merit list.Quashing the impugned orders, Justice Satapathy directed the OSSSC to recommend the 242 petitioners for appointments within three weeks. The state government was asked to ensure timely appointments.However, relief came with a rider. The HC clarified that the appointments would be prospective and the petitioners “will not claim any seniority” over those already appointed.In his 44 page judgment, Justice Satapathy remarked that the orders issued by the OSSSC in terms of the provision contained under Rule 18 of the Odisha Sub-Ordinate Staff Selection Commission (District Cadre) Rules, 2012 “is not legal and justified as none of the stipulation contained under Rule 18(1) to 18(xii) of the Rules is attracted.”
