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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Surekha Nayak – Appellant
Versus
Director, AHPGIC, Cuttack – Respondent
ORDER :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Since the issue involved in the present case is with regard to getting the benefit of appointment as against the post of Social Worker in the establishment of Acharya Harihara Regional Cancer Centre, Cuttack, all the matters were heard analogously and disposed of by the present common order.
4. Both the petitioner in W.P.(C) No.7866 of 2022 and petitioner in W.P.(C) Nos.12811 of 2020 and 8778 of 2023 were appointed through out sourcing as Social Worker vide order dated 24.03.2017 so issued by the Acharya Harihar Post Graduate Institute of Cancer (AHPGIC). It is contended that while so continuing through out sourcing, when an advertisement was issued by the AHPGIC on 14.08.2019, to fill up 4 (four) posts of Social Worker, petitioners in both the cases face recruitment process and in the said recruitment process candidature of the petitioner in W.P.(C) No.12811 of 2020 was rejected on the ground that she is over aged.
4.1. Petitioner in the said Writ Petition accordingly approached this Court by filing W.P.(C) No.23476 of 2019. Th
The court determined that the age limit set for Social Worker posts was improperly applied, leading to entitlements based on merit.
Eligibility for appointment when age limits are improperly applied in recruitment processes.
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
The court established that age relaxation provisions in recruitment rules apply universally to all candidates, ensuring fairness in the selection process.
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
Appointment – Right of a candidate for being considered in terms of advertisement stands crystallized on the date of publication of advertisement – Any subsequent amendment to advertisement during co....
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