Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 220

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI, J.
Bisheshawar Biswal &Ors. – Appellant
Versus
State of Odisha &Ors. – Respondent
WP(C) No.26079 of 2024 along with W.P.(C) Nos.24545, 24685, 24765, 24911, 25016, 25047, 25144, 25155, 25199, 25203, 25221, 25271, 25349, 25499, 25536, 25558, 25677, 25736, 25875, 26668,26888, 26898, 26902, 26925, 27076, 27084, 27095, 27244, 27386, 27464, 27562, 27597, 27705, 27793, 27803, 24845, 29403, 28118, 28630, 26790, 28647, 27662, 27942, 29002 and 29159 of 2024.
Decided On : 05-12-2024

Advocates Appeared:
For the Appellant : Ms. Pami Rath, Sr. Adv. Along with Associates Mr. Priya Ranjan Singh, Adv. Mr. Biplaba P.B. Bahali, Adv. Mr. Rajib Rath, Adv. Mr. Kshirod Kumar Rout, Adv. Mr. Madan Mohan Das, Adv. Mr. Prafulla Kumar Mohapatra, Adv. Mr. Prakash Chandra Dash, Adv. Mr. Anurag Pati, Adv. Mr. Kodanda Kumar Bhuyan, Adv. Azra Jamal, Adv. Mr. Panchanan Panigrahi, Adv. Mr. Prafulla Kumar Kar, Adv. Mr. Maheswar Mohanty, Adv. Mr. Sushanta Kumar Mishra, Adv. Mr. Saroja Kanta Mandal, Adv.
For the Respondent: Mr. Saswat Das, AGA, Mr. Sonak Mishra, ASC

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.

Headnote:(A) Orissa Civil Service (Fixation of Upper Age Limit) Rules, 1989; Odisha Battalion Service (Method of Recruitment) Order, 2022 - Challenge to recruitment advertisement limiting upper age to 23 years for Sepoys/Constables - Petitioners argue this contravenes established age limits in civil service rules and fails to consider COVID-induced delays - Court allowed one-time age relaxation due to exceptional circumstances arising from pandemic-related disruptions. (Paras 1, 25, 29)

(B) Judicial Review - Courts generally refrain from interfering in executive policy unless there is a clear violation of legal or constitutional rights. (Paras 8, 9)

Facts of the case:
Petitioners, once eligible, exceeded the age limit due to these disruptions, challenging the legality of the advertisement's age criteria.

Findings of Court:
A one-time age relaxation of six years shall be granted to eligible candidates, ensuring fairness and inclusivity.

Issues: Whether the court can compel relaxation of age limits in recruitment due to exceptional circumstances?

Ratio Decidendi: The court affirmed that age limitations can be adjusted in light of extraordinary events like the COVID-19 pandemic, emphasizing that judicial intervention is justified to uphold fairness.

Result: W.P.

(C) No. 26079 of 2024 is allowed; the state must revise the recruitment advertisement to reflect the age relaxation.

Table of Content
1. overview of recruitment process details. (Para 1 , 2 , 3)
2. petitioners challenge age limit under advertisement. (Para 4)
3. argument against discrimination in age relaxation. (Para 5)
4. court's discretion in issuing mandamus and policy decision review. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
5. statutory rules regarding age limits for recruitment. (Para 14 , 15 , 16)
6. covid-19 impacts recruitment age limits. (Para 17 , 18 , 19 , 20)
7. physical fitness as a key criterion for recruitment. (Para 21 , 22 , 23)
8. granting of one-time age relaxation due to exceptional circumstances. (Para 24)
9. conclusion and orders regarding age relaxation implementation. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31)

Judgment :

S.K. Panigrahi, J.

1. As all the aforementioned Writ Petitions involve common questions of fact and law, they were heard jointly and are being disposed of through this common judgment. For the purpose of comprehensive adjudication, this Court has deemed it appropriate to treat W.P.(C) No.26079 of 2024 as the lead case.

2. The Petitioners have filed the above-mentioned Writ Petitions challenging the Advertisement No.02/SSB dated 22.09.2024, issued by the State Selection Board, Odisha Police, Cuttack, which stipulates an upper age limit of 23 years for recruitment to the posts of Sepoys/Constables in OSAP/IR/SIR/SS Battalions of the Odisha Police.

I. FACTUAL MATRIX OF THE CASE:

3. Succinctly put, the facts of the case are as follows:

(i). An advertisement dated 22.09.2024 was issued by the State Selection Board, Odisha Police, Cuttack for recruitment to the posts of Sepoys/Constables in the OSAP/IR/SIR/SS Battalions of the Odisha Police. The advertisement delineated a total of 1,360 vacancies.

(ii). Clause 3 of the advertisement specified that candidates had to be between 18 and 23 years of age as of 01.01.2024, with a relaxation of five years granted to candidates belonging to the SC/ST/SEBC categories. Candidates were required to have passed the High School Certificate Examination (Matriculation/10th Class) conducted by the Board of Secondary Education, Odisha, or an equivalent examination conducted by any other recognized Board or Council.

(iii). The selection process consisted of a Computer-Based Recruitment Examination, followed by Physical Measurement and Physical Efficiency Tests, a Driving Test, and a Medical Examination for shortlisted candidates.

(iv). The last recruitment for these posts had been conducted in 2018, with no subsequent recruitment carried out, reportedly due to disruptions caused by the Covid-19 pandemic.

(v). The petitioners had successfully passed the High School Certificate Examination, thereby meeting the minimum educational qualification and eligibility criteria.

(vi). However, since then, the petitioners had exceeded the upper age limit of 23 years and were consequently ineligible to apply for the posts. Similarly, candidates from the SC/ST/SEBC categories had also surpassed the applicable upper age limit. As a result, this batch of Writ Petitions were filed, seeking the Court’s interference to allow the petitioners to participate in the recruitment process by granting a six-year relaxation in the upper age limit.

II. PETITIONERS’ SUBMISSIONS:

4. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions.

(i) The petitioners contended that Clause 3 of the advertisement dated 22.09.2024, prescribing an upper age limit of 23 years, is illegal, arbitrary, and contrary to Rule 2 of the Orissa Civil Service (Fixation of Upper Age Limit) Rules, 1989. The said rule prescribes an upper age limit of 32 years for entry into government service unless a higher age limit is specifically provided for a particular post or service. Since Rule 2 contains a non-obstante clause and is framed under the proviso to Article 309 of the Constitution, it overrides any conflicting recruitment rules or executive instructions issued under the Police Act, 1861.

(ii) The petitione