Disposed

Kapilendra Sagria v. State of Orissa

Orissa HC24 Aug 2015WP(C)/14836/2015

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the rejection of his candidature for Sikshya Sahayak due to age. The Court disposed of the matter without deciding on merits, directing the petitioner to submit a fresh representation before the State Project Director within a week, with liberty to be considered if the application was submitted before the cutoff date.

What did the court decide?

Liberty to approach State Project Director with fresh representation; case shall be considered if online application was submitted before the last date and selection process is ongoing.

Kapilendra Sagria Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2015)

¶1

W.P.(C) No.14836 of 2015

¶2

02. 24.08.2015 None appears on behalf of the parties as per the resolution pa
ssed by the Orissa High Court Bar Association to abstain from Court work.

¶3

 It is a case where the candidature of the petitioner for consideration of Siks
hya Sahayak has been rejected on the ground for over age.

¶4

 It has been submitted by the learned counsel for the petitioner that similar i
ssue for consideration of Sikshya Sahayak has been decided by this Court in W.P.(C) No. 18542
of 2014 and other analogous cases which was disposed of on the basis of decision taken by the
high power committee of the Department who has expressed his no objection if there would be re
laxation in age and on the basis of such decision taken by the high power committee the writ p
etition being W.P.(C) No. 18542 of 2014 was disposed of by this Court directing the authority
to grant relaxation in age.

¶5

 Learned counsel appearing for the petitioner has submitted that the case of th
e petitioner is similar to the issue involved in W.P.(C) No. 18542 of 2014.

¶6

 He further submits that the petitioner being W.P.(C) Nos. 14426, 14429, 14473
and 14645 of 2015 and other cases, those writ petitions have been disposed of directing the wr
it petitioners to approach before the authority and if their online applications having been
submitted prior to 30.09.2014, their cases would be considered.

¶7

 Learned counsel for the petitioner has submitted that the petitioner has also
submitted online application prior to 30.09.2014 and as such he has prayed for issuance
 of

¶8

 direction upon the opposite parties to consider his candidature for engagement
 of Sikshya Sahayak.

¶9

 He further submits that the process has not yet been concluded.

¶10

 Learned counsel for the opposite party-State has fairly submitted that he has
not disputed the factual aspect.

¶11

 In view of such submission the writ petition is disposed of giving liberty to
the petitioner to approach before the State Project Director, Odisha Primary Education Program
me Authority (OPEPA), Bhubaneswar by filing a fresh representation giving therein all details
including the submission of application form within a week from the date of receipt of certifi
ed copy of this order.

¶12

 The concerned opposite party if finds that the online application form has bee
n submitted by the petitioner within that last date prescribed and if the selection process re
garding the candidature who have been deprived from consideration of their candidature on the
ground of having over age is still going on then the case of the petitioner shall be considere
d if he is found to be otherwise eligible.

¶13

 With such observation and direction, the writ petition is disposed of accordingly.

¶14

 It is made clear that this Court has not exercised its mind on the claim of the petition
er on its merit.

¶15

 Issue urgent certified copy.

¶16

 ... S.N. Prasad, J.

Kapilendra Sagria v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kapilendra Sagria v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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