1 Appointment to junior teaching posts in the service shall be made by selection from amongst the Assistant Surgeons under the State Government or State Government Undertakings with at least one years experience as such through the Public Service Commission which shall invite applications and process them Provided that the recruitment may also be made from amongst the junior teachers for the junior teaching posts, in any other speciality or higher speciality subject to the companydition that seniority in the new speciality or higher speciality, as the case may be, shall be determined from the date of appointment in the new discipline in accordance with the placement given by the Commission and accepted by the Government.
The other four candidates selected in the general category were number In Service candidates, as was Dr Ramesh Chandra Das and they came to be selected by direct recruitment in accordance with sub rule 4 of Rule 4 while the selection of Dr Ramesh Chandra Das, Respondent 3 alone was under sub rule 1 of Rule 4.
The claim of Dr Ramesh Chandra Das was based on the ground that candidates who came in by direct recruitment under sub rule 4 had to be placed below the candidates selected under sub rule 1 of Rule 4, since the question of selecting anyone under sub rule 4 arises, under the rules, only in case sufficient number of candidates are number available for filling the vacancies according to sub rule 1 .
By the impugned order dated January 21, 1987, the Tribunal has upheld the claim of Dr Ramesh Chandra Das that he was entitled to be placed at the top of the select list, numberwithstanding his lower placement in the select list prepared by the Orissa Public Service Commission.
An advertisement was issued by the Orissa Public Service Commission inviting applications from intending candidates for appointment to some Junior Teaching posts.
The appellants, Dr Jayanta Kumar Dash and Dr Indu Bhusan Kar, and Respondents 3, 4 and 5, namely, Dr Ramesh Chandra Das, Dr Miss Maunabati Mohapatra and Dr Saroj Kumar Sahu, were selected to these 5 posts in the general category.
In the posts so advertised, there were 10 posts in Category II in the discipline of Dentistry, out of which 5 were for the general candidates, the remaining 5 being reserved for the Scheduled Castes and Scheduled Tribes.
Admittedly, the only candidate at that selection belonging to the category of Assistant Surgeons under the State Government or State Government Undertakings was Respondent 3, Dr Ramesh Chandra Das whose claim has been allowed by the Tribunal.
Aggrieved by this decision of the Tribunal, the appellants, who were shown above Dr Ramesh Chandra Das in the select list prepared by the Public Service Commission, have preferred this appeal by special leave.
In the select list prepared by the Orissa Public Service Commission, the name of Dr Ramesh Chandra Das was number placed at Serial No.
This companytention has found favour with the Tribunal.
The dispute in the present case relates only to the placement in order of merit, of the candidates belonging to the general category selected as a result of the above advertisement.
No person shall be eligible to be appointed as a Junior Teacher unless he has acquired a post graduate degree in the companycerned speciality or any other equivalent degree or qualification prescribed by the Council.
These posts were in the Orissa Medical Education Service, to which the recruitment is governed by the Orissa Medical Education Service Recruitment Rules, 1979.
Aggrieved by his placement below some of the other selected candidates, by the Public Service Commission, Respondent 3, Ramesh Chandra Das challenged the same before the Orissa Administrative Tribunal.
The advertisement was in terms of Rule 4.
In selection of candidates, Commission shall give due regard to the candidates academic attainments, experience, aptitude and ability to teach.
The relevant rule therein for the present purpose is Rule 4, as under Appointment of Junior Teacher.
