IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos.29964, 31255, 31519, 32321,

32371, 33958 & 34040 of 2023

In the matter of an application under Article 226 & 227 of

the Constitution of India, 1950.

………………

Hiranya Kumar Samal & …. Petitioners

Others -versus-

State of Odisha & Others …. Opp. Parties

For Petitioner : Mr. Rajib Rath, Mr. S.S. Rath

& Mr. Y.M.S.Krishna, Advocate

For Opp. Parties : Mr. P.K. Panda, ASC

PRESENT:

THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY

Date of Hearing: 17.10.2025 and Date of Judgment:28.11.2025

Biraja Prasanna Satapathy, J

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Since the issue involved in these batch of Writ Petitions is identical, all the matters were heard analogously and disposed of by the present common order. However, for the sake of convenience and brevity, W.P.(C) No.29964 of 2023 is taken as the lead case.

3. The present Writ Petition has been filed inter alia with the following prayer:-

“The petitioner therefore most respectfully prays that your lordships may be graciously pleased to admit this writ application and issue a Rule Nisi to the opposite parties to show cause as to why:-

i) the Opp. Parties shall not be directed to relax the upper age limit from 25 years to 32 years so far as the General candidates is concerned and so far as the petitioners are advertisement published as per Annexure-8 for recruitment to the concerned in the post of Fireman in the competitive examination for the year 2022-23 and the same also should be done also taking into consideration the Odisha Civil Service (Fixation Upper Age Limit) Amended Rules 2022which has raised in the General candidates age limit from 32 years to 38 years a corrigendum shall not be issued by providing age relaxation to the advertisement published as per Annexure-8 and such non relaxation in providing age relaxation makes the advertisement clause- 4 dtd. 29.08.2023 illegal and also unsustainable in the eye of law.

ii) the Opp. Parties shall not be directed to extend the benefit of age relaxation as provided under Sub Rule 30 of Rules -21 for relaxation of age in accordance with the provisions of Act, Rule. Orders or Instructions for the time being in force for the respective categories as stipulated under the Odisha Fire Service (Method of Recruitment and Conditions of Service of Fireman s) Order, 2021 by accordingly suitably modifying Clause-4 of the advertisement dated 29.08.2023 as per Annexure- 8.

iii) the Opp. Parties shall not be directed to relax the upper age limit for recruitment to the post of Fireman examination 2022-23 taking into consideration the Opp. Parties press statement issued as per annexure-4 and also take appropriate policy decision as no recruitment has been conducted to the post of Fireman (Civil) since the year 2015 taking into consideration the pandemic covid.

iv) it should not be declared that the decision taken by the Opp. Parties as per Clause-4 of the advertisement annexed to the petition as Annexure-8 in not extending the benefit of age relaxation for the recruitment to the post of Fireman is not in consonance with the amended Odisha Civil Service (Fixation of Upper Age Limit) Amendment Rules 2022, created in exercise of power under Article-309 of the Constitution of India which would be in force to fill in the gap of age relaxation not provided under the Rules 2021 as illegal, arbitrary and highly discriminatory and violates Article 14 and 16 of the Constitution of India.

v) the petitioners shall not be permitted to appear in the examination in the competitive recruitment examination 2022-23 for 826 posts for Fireman and 115 posts for Fireman Driver by extending the benefit of age relaxation by 8 years as has been done in the case of other recruitment for entry to Group C posts under the State Government.

And On their failing to show cause or showing insufficient cause make the said Rule Nisi absolute.

And Pass such other further order/orders as may be deemed fit and proper under the