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Ranajit Kumar Meher Vs. State of Orissa & Ors.

[Civil Appeal No. 2689 of 2017 @ Special Leave Petition (C) No. 20908 of 2012]

KURIAN, J.

Leave granted.

1. In the affidavit filed on 15.10.2013 by the Joint Director, Directorate of Animal Husbandry and Veterinary Sciences, Government of Odisha, it is stated that the petitioner does not have the qualification prescribed under the Orissa Non-Gazetted Veterinary Technical Services (Recruitment & Conditions of Service) Rules, 1983, as amended in the year 1997. The whole crux of the argument of the learned counsel for the petitioner is that he possesses the qualification as per the advertisement issued on 16.01.2004.

2. Having heard the learned counsel appearing on both the sides, we are of the view that there cannot be any appointment in violation of the Rules. Qualification is to be seen with respect to the Rules and not the advertisement inviting applications. The appellant, admittedly, does not possess the qualification as prescribed under the Rules.

3. The appeal is, accordingly, dismissed.

4. Pending interlocutory applications, if any, stand disposed of.

.......................J. [KURIAN JOSEPH]

.......................J. [A. M. KHANWILKAR]

New Delhi;

February 13, 2017.


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