The Supreme Court dismissed the petition filed by Jyostnamayee Mishra challenging the High Court's decision, affirming that the post of Tracer under the Orissa Subordinate Architectural Service Rules, 1979, must be filled exclusively through direct recruitment, rendering promotion inapplicable. The Court criticized the State's casual litigation conduct for failing to present the rules in previous proceedings and highlighted that negative discrimination cannot justify claims for relief.

Acts and Sections Discussed:

1. Constitution of India:
   • Article 14 (Right to Equality)
   • Article 309 (Power to Frame Rules for Civil Services)
2. Orissa Subordinate Architectural Service Rules, 1979:
   • Rule 3: Composition of Service
   • Rule 5: Direct Recruitment for Tracer Posts
   • Rule 7: Procedure for Recruitment

1. Background of the Dispute (Paras 1-3):

   • Petitioner, a Peon since 1978, sought promotion to Tracer, a non-promotional post under the Orissa Subordinate Architectural Service Rules, 1979.

2. Initial Representations and Tribunal Orders (Paras 4-10):

   • Multiple representations filed by the petitioner were either rejected or disposed of without relief. In 2016, the Tribunal directed her appointment as Tracer, overruling objections from the State.

3. High Court Intervention (Paras 11-13):

   • The High Court set aside the Tribunal's orders, citing the 1979 Rules, which mandate 100% direct recruitment for Tracer posts.

4. Legal Missteps by Parties (Paras 14-19):

   • The State's failure to present relevant statutory rules in all earlier stages led to unnecessary litigation. Misrepresentation of departmental letters as statutory rules added to confusion.

5. Rule-based Analysis (Paras 20-24):

   • Rule 5(1)(e) mandates that Tracer posts be filled only via direct recruitment, invalidating the petitioner’s claim for promotion.

6. Negative Equality and Discrimination (Paras 25-31):

   • Claims of discrimination based on past promotions to Tracer were dismissed as they violated statutory rules. Article 14 does not permit claims based on illegal precedents.

7. Observations on State Conduct (Paras 32-35):

   • The Supreme Court censured the State for lackadaisical handling of the matter, emphasizing the need for responsible litigation practices.

Ratio Decidendi:

The appointment to public posts must strictly adhere to statutory provisions. The Orissa Subordinate Architectural Service Rules, 1979, provide that Tracer posts must be filled exclusively through direct recruitment, as outlined in Rule 5(1)(e). The petitioner’s reliance on discriminatory actions cannot override explicit statutory mandates, as Article 14 does not support claims of negative equality.

Subjects:

Public Service Recruitment, Adherence to Statutory Rules, Negative Equality.

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