Odisha Judicial Service: High Court Turns Down Plea To Relax 'Upper Age Limit'

"In the present case, it has not been found expedient for such relaxation to be extended. It may also be noted that under Rule 41 of the OSJS and OJS Rules while certain provisions of the Odisha Civil Services (Classification, Control & Appeal) Rules, 1962 and the provisions of the Odisha Service Code have been made applicable, the Odisha Civil Service (Fixation of Upper Age Limit) Rules, 2022 and the amendments thereto have not been made applicable to the OJS and OSJS."

Facts and Contention:

The General Administration Department of Odisha issued a notification dated 11^th January 2022, wherein it enhanced the upper age limit from 32 years to 38 years for recruitment to 'civil posts' in the State Government.

Mr. S. Mohapatra, counsel for the petitioner urged that the said Notification should ipso facto be made applicable to the OJS as well.

Decision of the Court:

At the outset, the Court noted that recruitment to the OJS happens pursuant to the Odisha Superior Judicial Service and Odisha Judicial Service Rules, 2007 ('the Rules'). The upper age criterion is fixed under Rule 18 of the said Rules.

The Court held, the plea that the aforesaid notification should ipso facto apply to OJS is not tenable. It is because of the simple reason that the Rules applicable to recruitment to civil post in the State Government do not ipso facto become applicable to the OJS. Further, Rule 47 provides for the procedure to be followed to relax of any of the provisions provided in the Rules. It reads,

"Where the Government in consultation with the High Court is satisfied that it is necessary or expedient so to do, it may by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons or posts in the service."

A cursory reading of the above provision makes it clear that for making relaxation in any of the provisions, the Government must be satisfied that it is expedient and it must consult with the High Court before taking such decision. However, in the case at hand, the Court found that it was never felt expedient to extend such relaxation to the OJS.

Therefore, the Court dismissed the petition, finding no fault with the order of the Law Department which had already turned down the petitioner's request for relaxation in the upper age limit.

Notably, the Preliminary examination of the OJS-2021 is scheduled to be held tomorrow, i.e. on 27^th March 2022.

Case Title: Pratap Kumar Bhuyan v. State of Odisha & Ors.

Case No.: W.P.(C) No. 6900 of 2022

Order Dated: 17 March 2022

Coram: Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik

Counsel for the Petitioner: Mr. S. Mohapatra, Advocate

Counsel for the Respondents: Mr. Sailaza Nandan Das, Addl. Standing Counsel

Citation: 2022 LiveLaw (Ori) 35