IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bisheshawar Biswal – Appellant
Versus
State of Odisha – Respondent
| 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 :
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.
I. FACTUAL MATRIX OF THE CASE:
(i). An advertisement dated 22.09.2024 was issued by the State Selection Board, Odisha Police, Cuttack for recruitment to the posts of Sepoy
State of Jammu & Kashmir vs. Ajay Dogra
Dr. Ami Lal Bhatt vs. State of Rajasthan
State of Uttar Pradesh v. Vikash Kumar Singh
Maharashtra Public Service Commission -vrs.- Sandeep Shriram Warade
Union of India v. Bharat Forge Ltd.
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.
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 main legal point established in the judgment is that petitioners cannot claim age relaxation based on alleged promises or inaction of the Government, and the court emphasized that the action of t....
Eligibility criteria for recruitment posts cannot be altered for age relaxation without governmental approval, especially for Group-B posts, which necessitate UPSC's concurrence.
The main legal point established in the judgment is that the absence of an annual recruitment process and the specific fitness requirements for the post of Constable (driver) in extreme areas influen....
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