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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 25221 of 2024

Bhabakanta Panda and others …. Petitioners


Represented by
Mr. K.C.Rout, Advocate

-Versus -
State of Odisha and others …. Opp. Parties
Represented by
Mr. S.N. Patnaik, AGA

CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
08.10.2024
Order No. 1. This matter is taken up through hybrid mode.
1.
2. This matter was not in the today’s list. On being mentioned, it
was taken up having regard to the urgency involved as per the
Special Notice published by the Registry.
3. Heard Mr. K.C.Rout learned counsel for the petitioners and
Mr. S.N. Patnaik, learned Addl. Government Advocate for the
State.
4. The petitioners have challenged the advertisement dated
22.09.2024 whereby no relaxation of age has been granted despite
the fact that the process of recruitment has been initiated after 2018.
5. Mr. Rout, learned counsel for the petitioners refers to the
amendment of the Odisha Civil Service (Fixation of Upper Age
Limit) Rules 1989, whereby the upper age limit was enhanced from
32 to 38 years for the calendar years 2021-22 and 2023. Mr. Rout
submits that there being no advertisement issued in the above

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mentioned years and the impugned advertisement having been
issued after six years, the petitioners are deprived of applying for
the post since no age relaxation has been provided. Mr. Rout has
also referred to Clause-21 of the Odisha Battalion Service [Method
of Recruitment and Conditions of Service of Sepoys or Constables,
Havildars and ASI (Armed)] Order, 2022, which provides for
relaxation of the different provisions of the order by the
Government on a reference being made by the Director General
and Inspector General of Police. Mr. Rout submits this is a fit case
where the Government can relax the provisions in order to allow
the petitioners to at least appear in the examination.
6. Mr. S.N. Patnaik, learned Addl. Government Advocate accepts
notice on behalf of Opposite Party Nos. 1 to 3.
7. Let an extra copy of the Writ Petition be served upon him within
seven days.
8. List this matter on 22.11.2024.

(Sashikanta Mishra)
Judge
I.A. No. 13547 of 2024
Order No. 1. The petitioners shall be permitted to apply in the
2.
Online/Offline mode pursuant to the advertisement dated
22.09.2024 and also participate in the recruitment process. Their
results however shall not be declared without obtaining leave of
this Court.
2. Urgent certified copy of this order be granted on proper
application.
Signature Not Verified
Digitally Signed (Sashikanta Mishra)
Signed
B.C.by: ASHOK KUMAR BEHERA
Tudu/AKBc Judge
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Oct-2024 11:11:33

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