OAT gives go-ahead to Govt, OPSC
Decks are now cleared for recruitment of OAS and other posts in the Odisha Civil Services (OCS). After analysing the legal provisions, the Odisha Administrative Tribunal (OAT) has directed State Government as well as the Odisha Public Service Commission (OPSC) to go ahead with the recruitment process confining reservations to 11.25 per cent in respect of the SEBC category so that the total reservation shall not exceed 50 per cent of the vacancies advertised.
Due to a judicial intervention with respect to the percentage of reservation in the State Government’s employment, the recruitment examination for OAS and other Civil Services was stalled though an advertisement for the same was floated in the year 2011.
In a precise order, which is communicated on May 20, OAT Chairman Justice Nityananda Prusty while disposing a case filed by an aspirant for OAS has now cleared the bottlenecks by directing the respondents to go ahead with the recruitment process in view of the fact that the Act providing a 27-per cent reservation for SEBC has already been quashed.
It is pertinent to mention here that after the year 2000, advertisement for recruitment of OAS was made in the year 2006. After a five-ear gap, the last advertisement was published in 2011 though such recruitment is to be held every year as per recruitment rule. In the meantime, the OAT has quashed the appointment of 378 OAS officers which was made pursuant to the advertisement of 2006.
At present, more than 500 posts in the Odisha Administrative Service (OAS) are vacant, resulting on a severe shortage in the field administration personnel.
Pursuant to the Odisha Reservation of Post and Services (for Socially and Educationally Backward Classes) Act, 2008, the State Government wanted to go ahead with the recruitment process fixing a 27-per cent reservation for the SEBC.
Interestingly, though 27 per cent of reservation is reflected for the SEBC candidates of OAS examination, 11.25 per cent is made for Odisha Accounts and Treasury Services, Assistant Agriculture Officer and many other posts.
On the ground of illegality and irregularity by not inserting the SEBC Reservation Act in the 9th Schedule of the Constitution, earlier in another case the OAT quashed this reservation Act.
The court observed that after collecting quantifiable data with respect to the SEBC and its analysis, steps could have been taken to bring out such an Act, and after inclusion of the same in the 9th Schedule such reservation can only be worked out.
Though such an Act has been framed without collecting or analysing quantifiable data before its inclusion in the 9th Schedule, notification was made for its implementation. Till date, neither any rule under this Act nor roster point for a 27-per cent reservation has been fixed.
Because of several legal battles on the point of reservation, the OPSC was facing problem to recruit the meritorious candidates.
However, earlier in another order the Odisha High Court as an interim measure has directed to go ahead with preliminary examination by maintaining a 50-per cent reservation limit as laid down by the Supreme Court. Despite publication of prelim result, the recruiting agency is facing problem because of the ambiguity in reservation.
Former Government Advocate PK Sinha, who conducted the case on behalf of the applicant, is of the view that without fulfilling the requirement under Article 31 of the Constitution, the 27 per cent reservation Act and its validation provision cannot be made effective.
Moreover, under Article 141 law laid down by the apex court with respect to the 50-per cent limit of the caste-based reservation is binding upon all courts and institutions. If the State is eager to fill up the vacant posts in the interest of administration, it can make best use of this judicial order.