The Orissa High Court has set aside the Odisha Legislative Assembly Secretariat's decision to cancel the 2021 recruitment process for the posts of Reporters, holding that the cancellation lacked a valid legal basis. Justice Sanjay Kumar Mishra directed the Assembly to complete the remaining formalities under the recruitment rules and issue appointment letters to the two selected candidates within four weeks.
Background of the Case
The dispute arose from a recruitment notification dated January 26, 2021, issued for seven Reporter posts in the Odisha Legislative Assembly Secretariat. Petitioners Sourava Rout and Biswajyoti Behera successfully cleared every stage of the recruitment process, including the type test, shorthand skill test and viva voce, and their names appeared in the final select list published on June 29, 2021.
However, the Selection Board meeting scheduled to approve the appointments was repeatedly postponed. The petitioners earlier approached the High Court, which in May 2023 directed the Selection Board to take a final decision in accordance with Rule 7(2) of the Orissa Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1983.
Instead of completing the process, the Selection Board cancelled the entire recruitment on July 21, 2023, citing the absence of original recruitment records for verification and proposing a fresh selection process. The petitioners challenged that cancellation before the High Court.
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Court's Observations
Justice Mishra noted that an earlier coordinate Bench had already examined the entire recruitment record in detail and concluded there was no procedural irregularity or illegality in the selection process. That judgment had also found that the alleged "note of dissent" relied upon by the authorities was never produced despite repeated opportunities.
Referring to those findings, the Court held that the Selection Board could not ignore or contradict the conclusions already reached by the High Court.
"The Opposite Party No.1 was not justified to cancel the selection process for appointment in the posts of Reporters... and such action... is hit by the principle of res judicata," the Court observed.
The Court further found that the Assembly had misinterpreted the earlier judgment while issuing the cancellation order during the pendency of an appeal. It observed that the only ground cited for cancelling the recruitment was the absence of original records for verification, a reason that had already been considered and rejected in the earlier proceedings.
The Court clarified that merely finding a place in a select list does not automatically create an enforceable right to appointment. At the same time, it reiterated that the State cannot arbitrarily refuse to fill vacancies after completing a lawful recruitment process.
Relying on Supreme Court precedents, the Court held that while the government has discretion in matters of appointment, such discretion must be exercised reasonably and cannot be arbitrary or unsupported by valid reasons.
Justice Mishra observed,
"The State or its instrumentality cannot arbitrarily deny appointment to a selected candidate,"
emphasizing that the burden lies on the recruiting authority to justify cancellation of an entire recruitment process.
The High Court held that the Odisha Legislative Assembly failed to establish any material showing that the recruitment process was tainted or unfair. It also noted that the earlier coordinate Bench had already scrutinized the original recruitment records and found no legal justification for cancelling the selection.
The Court concluded that the authorities failed to prove that the July 21, 2023 cancellation order was legally sustainable and therefore the petitioners were entitled to seek restoration of the recruitment process and appointment.
Court's Decision
Allowing the writ petition, the Orissa High Court set aside the Selection Board's cancellation notice dated July 21, 2023.
The Court directed the Odisha Legislative Assembly Secretariat to complete all remaining formalities under Rule 7(2) of the 1983 Rules, if required, and issue appointment letters to Sourava Rout and Biswajyoti Behera as Reporters under the 2021 recruitment advertisement within four weeks from the date of communication of the certified copy of the judgment. No order as to costs was passed.
Case Details:
Case Title: Sourava Rout & Anr. v. Odisha Legislative Assembly & Anr.
Case Number: W.P.(C) No. 23353 of 2023
Judge: Justice Sanjay Kumar Mishra
Decision Date: 03 July 2026
