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2004 Supreme(Ori) 596

SUJIT BARMAN ROY, A.S.NAIDU
ASIS RANJAN CHAINI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Subir Palit, for the Appellant; Additional Government Advocate, for the Respondent

JUDGMENT :

A.S. Naidu, J. - The petitioner seeks to challenge the Advertisement issued by the Orissa Public Service Commission inviting applications in the prescribed form for admission to the competitive examination for direct recruitment to the Orissa Judicial Service, Class II. The said Advertisement was issued in accordance with Rule 5 of the Orissa Judical Service Rules, 1994 bearing Advertisement No. 10 of 2003-2004, vide Annexure-3, solely on the ground that the upper age limit stipulated in the said Advertisement is contrary to the decisions of this Court and causes hardship to the petitioner and many others similarly situated. According to the petitioner, no Advertisement was made for recruitment to Orissa Judical Service, Class II for the years 2000-2001, 2001-2002 and 2002-2003 causing hardship to many candidates who intended to appear in such recruitment examination. Challenging the said inaction of the State Government, a Writ petition in the nature of public interest litigation was filed before this Court, which was registered as Suresh Ch. Pradhan Vs. High Court of Orissa. The said Writ Petition was disposed of on 29.10.2003 observing as follows :

" We accordingly dir













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