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ORISSA HIGH COURT: CUTTACK
B.R.SARANGI, S.K.MISHRA
State of Odisha – Appellant
Versus
Subrat Dash – Respondent
| Table of Content |
|---|
| 1. writ petition to quash tribunal's directive (Para 1) |
| 2. factual background of recruitment and age relaxation (Para 2) |
| 3. tribunal's conclusion on vacancies and age relaxation (Para 3) |
| 4. arguments by both parties regarding age limit (Para 4 , 5 , 6) |
| 5. key question of law regarding the applicability of rules (Para 8) |
| 6. application of old vs new rules on vacancies (Para 9 , 10 , 11) |
| 7. court upholds tribunal's ruling based on prior vacancies (Para 12) |
JUDGMENT :
B.R. SARANGI, J.
By means of this Writ Petition, filed at the instance of the State and its functionary, prayer has been made to quash the common Order dated 13.01.2016 passed in O.A. No.109 (C) of 2012 and batch, as at Annexure-3, whereby the Odisha Administrative Tribunal, Cuttack Bench, Cuttack has directed the State- Petitioners to extend age relaxation to Opposite Party No.1 and other Applicants in the connected Original Applications against the vacancies in the post of Assistant Agriculture Officer occurred prior to 15.07.2011, during which period the proviso to Rule-2 of the Odisha Civil Services (Fixation of Upper Age Limit) Rules, 1989 (in short Rules, 1989) was in force, with an observation that in the e
Vacancies arising before the amendment of recruitment rules are governed by the old rules, allowing eligible candidates age relaxation.
Eligibility criteria in recruitment must be strictly followed; participation in the selection process does not confer right to appointment or age relaxation without statutory support.
The Government has power to grant relaxation in upper age limit on its own motion or upon getting intimation from any genuine or bona fide source can grant such relaxation subject to the condition th....
The central legal point established in the judgment is the interpretation and applicability of the Amendment Rules 2022 and the subsequent clarifications in determining the eligibility of the petitio....
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
The Central Administrative Tribunal ruled that UPSC could not grant age relaxation for a recruitment process, as no explicit provisions for such concessions existed in the Recruitment Rules.
One-time relaxation of age limit for recruitment is justified in light of extraordinary circumstances caused by COVID-19, reaffirming judicial intervention to ensure fairness.
The court affirmed that exceptional circumstances may necessitate a one-time relaxation of recruitment age limits to ensure fairness, particularly due to delays caused by the pandemic.
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