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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Aditya Mirdha – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. clarification of cases and common issues. (Para 1 , 2 , 3) |
| 2. petitioners argue for age relaxation justification. (Para 4 , 5) |
| 3. court evaluates authority's discretion in recruitment. (Para 6 , 7) |
| 4. separation of powers; court's role in policy matters. (Para 8 , 9 , 10 , 11 , 12) |
| 5. rules governing recruitment process identified. (Para 13 , 14 , 15) |
| 6. discussion on pandemic's impact and age relaxation. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 7. court's decision on age relaxation and future implications. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
Judgment :
S.K. Panigrahi, J.
1. Since common question of facts and law are involved in all the above- mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal with W.P.(C) No.26084 of 2024 as the leading case for proper adjudication of all these cases.
2. The Petitioners have filed the above-mentioned Writ Petitions challenging the Advertisement No.1924 dated 03.10.2024 issued by the Chairman, State Selection Board, Odisha Police for recruitment to the post of Drivers in the Police Motor Transport, Odisha.
I. FACTUAL MATRIX OF TH
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.
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 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....
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....
Eligibility criteria for recruitment posts cannot be altered for age relaxation without governmental approval, especially for Group-B posts, which necessitate UPSC's concurrence.
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