Disposed

Sarat Ch.Biswal v. State of Orissa

Orissa HC12 Aug 2015WP(C)/14647/2015

Case brief

AI extract

What is this about?

The single-judge court, addressing a writ petition regarding Sikkhya Sahayak recruitment where the petitioner was over the age limit, directed the authorities to reconsider the application despite the missed deadline. The court relied on a prior decision granting age relaxation for pending cases and stated it did not decide the claim on merits but granted liberty to approach the authority.

What did the court decide?

Petitioner granted liberty to approach the State Project Director, OPEPA, Bhubaneswar via representation with relevant details within a week.

The petitioner has appeared in person and produced Voter Identity Card bearing No. OR/ 07/054/326584 and also visitors pass bearing No.11234/2015, same be kept on record. He has sub mitted that his candidature is not being considered for engagement as Sikhya Sahayak since he is over age.

He has submitted that on 6/7th August, 2015 his case has been considered along with ot her candidates but in absence of an order regarding relaxation in over age passed by this Cour t in W.P.(C) No.18542 of 2014 his candidature has been rejected. However, telephonically he ha s been informed if he would present the order of this Court in this connection and if he has m ade online application prior to 30.09.2014, his case would be considered.

He further submits that today is the last date for consideration of candidature but in spite of the fact that this Court in writ petition being W.P.(C) No.18542 of 2014 has decided this issue on the basis of the decision taken by the high power committee of the Department w ho has expressed its view that there is no objection if the relaxation in upper age limit will be given.

In view of the facts and also considering the urgency in the matter that if the case w ould not be taken up, the petitioner would be deprived from him consideration hence keeping th is fact into consideration and also considering the

fact that the decision has already been taken by the State Government in its high power Commit tee based upon the same, several writ petitions has been disposed of directing the writ petiti oner of those writ petitions to approach the authorities and if the authority will find that t he applications submitted by those writ petitioners is within the last date of submission of a pplication, direction has been passed to the authorities to consider the candidature if they a re otherwise found to be eligible.

In that view of the matter and on the basis of the facts indicated hereinabove, the wr it petition is disposed of giving liberty to the petitioner to approach before the opposite pa rty no.3- the State Project Director, Odisha Primary Education Programme Authority (OPEPA), Bh ubaneswar raising all the details by way of a representation along with the copy of the writ p etition disclosing therein the date of submission of application form within a week from the d ate of receipt of certified copy of this order.

The concerned opposite party if finds that the online application Form has been submit ted by the petitioner within the last date prescribed, the candidature of the petitioner shall be considered if he is found to be otherwise eligible.

Sarat Ch.Biswal v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sarat Ch.Biswal v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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