Participation in Selection Process Precludes Challenge – Orissa High Court Dismisses Writ Petitions on Assistant Professor Appointments

In a significant judgment today, the Orissa High Court, led by Justice Sashikanta Mishra, dismissed two writ petitions challenging the eligibility criteria for the post of Assistant Professor in Dentistry. The court underscored a vital principle, stating, “Having participated in the selection process, the candidates cannot question the procedure adopted therein.”

The petitions, filed by Dr. Tribikram Debata and Dr. Nimai Charan Mishra, contested the requirement of three years’ Senior Resident experience under the Odisha Medical Education Service Rules, 2013, for eligibility for the said post. The petitioners argued that this criterion was contrary to the Dental Council of India regulations and sought relief from the court.

However, the court observed, “The petitioners having not challenged the selection process at the relevant time but willfully participated therein, are estopped from challenging the same.” This observation effectively barred the petitioners from re-litigating the issue they had acquiesced to by participating in the selection process.

In its analysis, the court noted that the Odisha Medical Education Service (Method of Recruitment and Conditions of Service) Rules, 2021, which do not require three years of Senior Resident experience, could not be retroactively applied to the selection process initiated under the 2013 Rules. As the petitioners did not meet the necessary experience criteria on the cut-off date as per the 2013 Rules, their candidature was deemed ineligible.

The court’s decision to dismiss the writ petitions echoes its commitment to uphold the principles of administrative law and judicial fairness. Advocates representing various parties, including Ms. Pami Rath, Mr. Saswat Das, and Mr. P.K. Mohanty, presented their arguments, but the court found no grounds to interfere with the OPSC’s decision. This ruling sets a precedent for future cases where the eligibility and selection process criteria are contested after participation.                                              

 D.D -10-Nov-2023

Dr. Tribikram Debata VS State of Odisha and others