JYOSTNAMAYEE MISHRA versus THE STATE OF ODISHA AND ORS.

JYOSTNAMAYEE MISHRA versus THE STATE OF ODISHA AND ORS.

The petition was dismissed because the Sub-ordinate Architectural Service Rules, 1979 mandate that all posts of Tracer in Categories I, II and III be filled by direct recruitment (Rule 5(1)(e)) and specify the method for direct recruitment (Rule 7) including public advertisement; the prescribed process was not followed, the post is not a promotional post from Peon, and Article 14 cannot be invoked to perpetuate administrative illegality or claim negative equality.

Parties
Petitioner: Jyostnamayee Mishra; Respondent: The State of Odisha and Ors.
Jurisdiction
India
Judgment Date
20 January 2025
Procedural Posture
Special Leave Petition (civil) No. 13984 of 2023 / Judgment on Merits (petition Dismissed by Supreme Court on 20 January 2025)
Outcome
Petition dismissed
Legal Topics
Promotion, Direct Recruitment, Article 14 Equality, Recruitment Procedure, Statutory Interpretation, State Litigation Conduct
Service Law Administrative Law Constitutional Law Promotion Direct Recruitment Article 14 Equality Recruitment Procedure Statutory Interpretation +1 more

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Parties

Jyostnamayee Mishra

Petitioner

The State of Odisha and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) No. 13984 of 2023 / Judgment on Merits (petition Dismissed by Supreme Court on 20 January 2025)

Legal Issues

  1. 1 Whether an employee can claim promotion to a post for which she does not fall in the feeder cadre and which is required to be filled 100% by direct recruitment under the relevant service rules
  2. 2 Whether a vacancy meant for direct recruitment can be filled by issuance of an internal circular instead of a public advertisement as mandated by the rules
  3. 3 Whether alleged promotions of others can support a claim of discrimination under Article 14 when those promotions may have been contrary to statutory rules

Ratio Decidendi

The petition was dismissed because the Sub-ordinate Architectural Service Rules, 1979 mandate that all posts of Tracer in Categories I, II and III be filled by direct recruitment (Rule 5(1)(e)) and specify the method for direct recruitment (Rule 7) including public advertisement; the prescribed process was not followed, the post is not a promotional post from Peon, and Article 14 cannot be invoked to perpetuate administrative illegality or claim negative equality.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed
  • A copy of this order be sent to the Chief Secretary, State of Odisha for perusal and taking appropriate corrective steps