WP(C)/17380/2025 of GANESWAR BEHERA Vs ODISHA SUB-ORDINATE STAFF SELECTION COMMISSION on 1 September 2026

ORDER

01.09.2026 Order No.03

1. This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Mishra, learned Sr. Counsel appearing for the Petitioner along with Ms. P.S. Mohanty, learned counsel and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.

3. The present writ petition has been filed inter alia with the following prayer:- “It is therefore prayed on behalf of the petitioner that, A) The writ application may be allowed. B) A writ in the nature of certiorari may be issued quashing Annexure-10. C) A writ in a nature of mandamus may be issued directing the Opp. Parties to enroll the petitioner's roll number in the provisional merit list for the post of

Pharmacist and Multipurpose Health Worker (Male) under Combined Recruitment Examination and consequently to give him appointment against one such post. D) Such other Order (s)/ Direction (s)/ Writ(s) may be issued in giving complete relief to the petitioner. And for this act of kindness the petitioner shall, as in duty bound, ever pray.”

4. It is contended that pursuant to the advertisement issued under Annexure-1 by Opp. Party No. 1, Petitioner duly participated in the selection process for the post of Pharmacist & MPHW (M) as a disable candidate i.e. Hearing Impaired (HI).

4.1. It is contended that even though Petitioner qualified in the said exam and his name was reflected in the notice issued on 29.05.2025 under Annexure-9, but on the ground that Petitioner does not have the valid registration certificate, his candidature was rejected vide Annexure-10.

4.2. Learned counsel appearing for the Petitioner taking this Court to the certificate available under Annexure-2 series, contended that Petitioner got his name registered under the Odisha Pharmacy Council on 28.12.2018 and the said certificate was valid till 31.12.2022. Subsequently, the same was renewed on 22.12.2023 up to 31.12.2027.

4.3. It is contended that the last date for making the application pursuant to Annexure-1 being 16.01.2024, Petitioner as on the date of making the application, was having the valid Registration Certificate, the registration certificate being renewed on

22.12.2023, but on the ground that the Petitioner does not have valid registration certificate under Odisha Pharmacy Council, Petitioner’s candidature was rejected under Annexure-10.

4.4. It is further contended that this Court while issuing notice of the matter vide order dtd.26.06.2025, passed an interim order with a direction to keep one (1) post of Pharmacist & MPHW (M) vacant. It is accordingly contended that since Petitioner’s candidature has been rejected on an invalid ground, this Court while quashing Annexure-10, may direct Opp. Party No. 1 to recommend his name to the competent authority to provide him appointment.

5. Even though notice of the writ petition was issued on 26.06.2025 with passing of the interim order, but no counter affidavit has been filed as yet. However, it is contended that since Petitioner’s candidature has been rejected on the ground that Petitioner does not have the valid registration certificate, Petitioner instead of approaching this Court challenging Annexure-10 could have moved Opp. Party No. 1 for consideration of his grievance.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that pursuant to the advertisement issued on 15.12.2023 under Annexure-1 by Opp. Party No. 1, Petitioner made his application for the post of Pharmacist and MPHW (M).

6.1. As found, the last date of making the application pursuant to Annexure-1 was fixed to 16.01.2024. It is not disputed that Petitioner participated in the selection process and his name was reflected having qualified in the notice dtd.29.05.2025 under Annexure-9. But at the time of document verification in terms of Annexure-9, Petitioner’s candidature was cancelled on the ground that he was not having the valid registration certificate.

6.2. This Court taking into account the certificate available under Annexure-2 series, finds that Petitioner registered his name under Odisha Pharmacy Council on 28.12.2018 and the certificate was valid till 31.12.2022. Subsequently, the same was renewed on 22.12.2023, valid up to 31.12.2027. Since the last date of making the application was 16.01.2024, it is the view of this Court that as on the date of making the application, Petitioner was having the valid registration certificate with him.

6.3. In view of the aforesaid analysis, this Court is of the view that the ground on which Petitioner’s candidature has been rejected vide Annexure-10 is not sustainable in the eye of law. While quashing the same, this Court permits the Petitioner to move Opp. Party No. 1 for reconsideration of his claim.

6.4. It is observed that, if any such application is moved before Opp. Party No. 1 within a period of two (2) weeks hence, the said Opp. Party shall do well to take a lawful decision on the same within a further period of two (2) weeks from the date of receipt of such application with due communication to the Petitioner.

6.5. It is further observed that while taking such a decision, renewal of the registration certificate issued in favour of the Petitioner on

22.12.2023 be taken into consideration. Till a decision is taken and communicated, interim order passed by this Court shall continue.

7. The writ petition accordingly stands disposed of.

(BIRAJA PRASANNA SATAPATHY)

Judge Sneha Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2026 13:12:15 Signature Not Verified